Law of adverse possession
krishna
(Querist) 30 April 2012
This query is : Resolved
Respected Sir/madam,
Please tell me whether or not law of adverse possession is applicable to or can we get benefit from that.
In our case this room is belong to my fathers father i.e A my grand father but in 35 years back uncle of my father who is a direct brother of my grand father B transfered this room on his name illegly after the date of my grandfather A.after that he said to my father and his brothers(brothers of my father) 25 years back that i am giving this room to you (my father)orally and then since my father is occupying this room and has documentary proof from last 13 years.but brother of my father in collusion with legal heirs of B forceably expelled us from that house and sell this house to C showing that legal heirs of B are residing in this room.C was knowing this fact that we were residing in this house.but c was also involved in this.because c has taken forceably posesion of this house from us when he was not the owner of this house.now this house has been transferred on the name of C.we are not in possesio of this room.
Please guide sir can we ask any benefit under law of adverse possession.
ajay sethi
(Expert) 30 April 2012
if 35 years back room had been transferred illegally your father ought to have immediatedly taken legal proceedings .
if your father was in posession and illegaly removed he ought to have immediatedly moved court whn he was disposessed
you ought to move court challenging sale of prpoerty to C and for appointmnet of court receiver in respect of said room
Nadeem Qureshi
(Expert) 30 April 2012
Mr. Ajay Sethi is rightly explain
Anirudh
(Expert) 30 April 2012
I am afraid - we are missing the important point here.
I think this is not a single room property. It may have many rooms. Either during partition or otherwise, this room (which according to the Querist belongs to his Grand Father "A" - my surmise is that his grand father might be in possession and use of the same but not owning them) the said room had been shown as belonging to brother of the Grandfather i.e. "B".
Whether legally or otherwise, for all practical purposes the said room is in the name of "B".
According to the querist, "B" had permitted the father of the querist to live in that room. It is a permissive user. The possession by the father of the querist is not by way of "Adverse possession" but by way of express permission. Therefore, the question of "Adverse Possession" by the father of the querist against "B" cannot at all arise.
This being the position, there is nothing that the querist or his father can do, especially when they are not the owner of the property and they are also not in "adverse possession".
Shonee Kapoor
(Expert) 01 May 2012
I endorse views of Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
