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User2022   17 January 2022

Adverse possession

Dear Sir/Madam,

I had bought the flat in June 2008 & paid my EMI to the bank till January 2018.

My mother has been staying in that flat from June 2008 till date.

So, my question is that as I paid the EMI till January 2018 , so does my mother has the right to claim my flat under Adverse Possession.

Thanks 



 3 Replies

Advocate Bhartesh goyal (advocate)     18 January 2022

Long duration of possession does not automatically assign the ownership by way of adverse possession.your mother has to prove that her possession is hostile to the true owner.

G.L.N. Prasad (Retired employee.)     18 January 2022

As a mother, she was accommodated in her son's apartment, and only title deed with established through possession in other evidence like a house tax receipt, electricity connection, society's records may not show such adverse possession.  Mere stay is not enough for claiming adverse possession, that fact must be known to one all relevant persons and authorities as evidence in lawful records.  Claiming adverse possession is only through getting a lawful title through a declaration suit after establishing such facts that support her contention to the satisfaction of the court.

Anaita Vas   19 January 2022

Under the provisions of an archaic law, you may lose ownership of your property if someone else is living there for an uninterrupted period of 12 years and claims ownership through adverse possession.

However, the Supreme Court recently made it tougher for a person or an illegal occupant to claim your property. Before coming to that, let us see what the law says about adverse possession.

Provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a person can acquire legal rights over the property.

Giving its verdict in the Dagadabai v. Addas case, the SC rules a person will have to first accept the ownership of the original landlord to file a case of adverse possession and make it known to the latter. This person will also have to file a suit along with the original owner to proceed legally.

Mere living in the flat will not give your mother the right to claim your flat.

 

Regards,

Anaita Vas

 

 

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