Rajeev Bhargava (Service) 21 September 2010

Adverse Possession

Dear Friends,

One of the successor of an unmarried Hindu Male, occupied his property for twenty years after his death. The other successors did not raise any objection to this possession.

Now can it be treated as adverse possession so that the other successors can not file a suit now after the expiry of limitation period.

I would appreciate, if you can also provide the reference to the provision or case law in support of your replies.

Regards,

Rajeev Bhargava

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4 Replies

Bhartiya No. 1 (Nationalist) 21 September 2010

No, adverse possession is entirely different, mere long period of permissive possession cannot be treated as adverse possession, here hostility is missing, and also it is a matter of family succession. Only the possessions gained unlawful way and in that also several things are there. In recent judgment Hon. SC has said that Law of adverse possession needs change , and is going against the true owner.

Plz. Wait for the opinion of experts or consult a good civil lawyer, since lot of documents and situation needs to be verified.

Adv Archana Deshmukh (Practicing Advocate) 21 September 2010

This is no case where ownership can be claimed on the basis of adverse possession. Adverse possession cannot be claimed against a co-owner. Even though the other heirs did not object, the possession of one co-owner is never adverse to the other co-owner.

Rajeev Bhargava (Service) 21 September 2010

Maam

Thanks for your reply, can you also provide any case law in support of your opinion. Further if the other successors have not claimed their rights in that property for twenty years, can they be treated as co-owners. Only one successor was having the complete possession of the property and he made substantial construction work on that property, will it not be treated as hostile possession.

Kindly enlighten further.

Regards,

Rajeev

Bhartiya No. 1 (Nationalist) 22 September 2010

For better understanding and knowledge of the subject, kindly go thru the entire related query at expert section (under the head Civil and Property) and relevant (Civil and Property) section of the forum.