Applicability of adverse possession between co-sharers in undivided father's property
Singh
(Querist) 18 November 2014
This query is : Resolved
Hi,
Mr X has acquired one property from L&Dev office delhi and he has died intestate and 2 sons (A,B) has relinquished their share in favour of their mother.Mother has gifted her entire share in favour of B.thereafter few years later B has filed suit for possession against A on the basis of gift deed as A was residing in the property with B's consent as a licencee and brotherhood basis only.
However A claimed his share by way of adverse possession in his written statement as he is residing in property so long and having electricity and sales tax reg number with same address.
Court has made preliminary issue "whether A can claim ownership by way of adverse possession"OPD
Query is whether adverse possession applicable in this case and any judgement in support so that we can move application for striking out this issue.
Please suggest.Thanks for your help
T. Kalaiselvan, Advocate
(Expert) 18 November 2014
The law of adverse possession will not be applicable to this issue. Once A and B both have voluntarily relinquished their reight in favor of their mother, she becomes the absoute owner of the property and she has got full rights to transact with the property in the manner she desires. Thus the execution of a registered gift deed by her in favor of her son B is legally valid and confers perfect title to B. Therefore B becomes the owner of the property, however as far as possession is concerned, since B has permitted A to occupy the property as a licencee, A cannot claim to perfect the title by adverse possession of the property merely on the name of service connections on his name or any other revenue aspects on his name.
Devajyoti Barman
(Expert) 19 November 2014
Decisions are noT cited here.
Let the court decide the preliminary issue first.
Rajendra K Goyal
(Expert) 19 November 2014
Full case file need to be referred, consult local lawyer.
ajay sethi
(Expert) 19 November 2014
agree with Mr Kalaiselvan .
P. Venu
(Expert) 19 November 2014
No declaratory suit could be filed for title based on adverse possession. However, adverse possession could be a ground for defence in a suit for eviction.
