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chandranath rao (owner)     26 July 2012

Adverse position

we are staying in a house for the past 40 years,and we dont no who the owner is,can we claim adverse position


 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 July 2012

How do you come to reside in that house then? You can know the name of the owner from the property extracts of the house or from the house tax receipts, Anyway, in the absence of details and from the brief information supplied by you, all I can say is that, just relax till the owner comes and if he files a suit for possession then claim the title by adverse possession.

Srinivas (Director)     30 July 2012

If you dont know who the owner is then you cannot claim to be in possession adverse to the interest of the true owner.

If you want to claim adverse possession, you need to deny title to the original owner.

If you continue to pay rents, you cannot claim adverse possession.

Mere occupation of a property for 40 years does not entail a claim of adverse possession.

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