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walter (MANAGER)     10 May 2014

Adverse possession

My father is aged 84 years alive possession of own built house along with 47 cents cultivated coconut trees in village at Karnataka State from the year 1954. This land belongs to my fathers sister who has purchased this land in 1957 and the property tax paid by her. My father is paying House Tax to Panchayat regularly. Now my father before his death he wants to make a WILL of the house and the property under his possession to his son. All the documents pertaining Electricity Bill, Telephone Bill, Ration Card, in his name.   

Please suggest your valuable proceedings towards legal aspect to safe custody of the house and property of 47 cents to his son. 

 3 Replies

Kiran Kumar (Lawyer)     10 May 2014

The documents being referred by you are all unilateral documents, these may not help in creating any ownership right in you.


In my opinion, payment of property tax by the actual owner and existence of her ownership document is sufficient for her to take back her possession.

adv.raghavan (Advocate,9444674980)     10 May 2014

The property does not belongs to your father, he is enjoying it for so many years without any hindrance  or objection from your aunt, it does not mean that  he have become owner of the property. So there is no way he can go for WILL on this property, in spite of updating revenue records.

walter (MANAGER)     11 May 2014

Respected Sir (s),

Thanks & fully agree that my father has no right to go for WILL on this property.

What about the House ?

Can he go for the WILL on his house and not the property what he has under his possession?

Or Can he go for change the name on House Tax, Electricity Bill, Telephone Bill etc. etc. to his sons name and

By doing so,  what is the advantage in future or after his fathers death ?

Your valued opinion will be highly appreciated.



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