Claiming of Title by adverse possession.
Querist :
Anonymous
(Querist) 19 January 2011
This query is : Resolved
We have ancestral residential property of 100 sq. ft. My grandfather(named as S2) died way back in 1987.My grandfather's father has 2 sons including my grandfather.The grandfather's father gives that property to his eldset son S1 and not to S2.On the death of S2, S1 gives half of that property to my grandmother in 1987. Now my grandmother wants to sell the whole property and give the sale proceeds only and only to her one son to the exclusion of 3 other sons. However we are residing in that property since 1996 and in the continuous possession of that since 1996. There was internal family dispute in regard to our possession but it was never been moved to court.
(a) Now can we claim the part in which we are residing since 1996 under the doctrine of adverse possession?
(b)Will we be regarded as owners of that property and deal with that in any way we want including letting or selling that property?
abhishek
(Expert) 20 January 2011
Being ancestral property, you don't claim under adverse possession even if you are residing there since 1996 and the one son cannot be the owner of such property.
