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Imran (Project manager)     17 November 2011

Adverse possession

Hi, Can some one please advice on my case if this pertains to adverse possession? My grandfather had gifted a house to my mother 15 years back however the problem is that he had given permission to one of his cousin brother to stay in the property as they did not have a place of their own and that too for free.

The title of the property is in my moms name and we have obtained an EC as well. Now that my grandfather is no more and we requested them to vacate the property or purchase from us however they are refusing for both.

They have been enjoying the possession of the house for close to 40 years now without paying any rent.

What are the rights of the actual owner of the property in this case?    


 11 Replies

M.Sheik Mohammed Ali (advocate)     17 November 2011

its difficult situation, any way aforesaid reason take and file a petition to vacate the tenant,

1 Like

Imran (Project manager)     17 November 2011

there is no documentary evidence to prove that they are tenants in our property nor do they have any proof / reason for occupying the premises. In this case what do we do to vacate them?

Rameshn (Executive)     17 November 2011

Pl explain easementary rights for  Thirty five years by having water katha and electricity katha and paying upto date charges .Also paid Eighteen yeas of corporation taxes as an user. Can we claim easementary right or adverse possesion,please suggest me.

Sundar XXXXXXX (Software Engineer)     17 November 2011

In the absense of any document, this will be a case of adverse possession. They have been in possession for 25 years prior to the time your mother was gifted the house.However that period can not called adverse as your grandfather allowed them to stay there.

If your title is in the form of a registered gift deed  and your grandfathers cousins have nothing documentary to show, you will have a strong case, provided you have a civil suite filed with in the first 12 years of your receiving the title and that suit can result in a decree in your favour . I think 12 years is the minumum continous period for adverse possession. If you hafe no mcivil suit as of today,  your case  may be weak.

Also, peacefull  possession is  considered to be 99% ownership and considering that this peacefull possssion is  for 40 years and that too free, you have a tough case dude! Consult a good lawyer.

1 Like

zahur (Advocate)     27 November 2011

I think sundra is right..., if u have register gift deed, or documantry evi. than ur case is strong.

1 Like

Anjali Behera (not applicable)     26 January 2012

very good discussion, but I want answer to some thing like whether ad verse possession can be claimed against public properties like school property, trust property which is a private trust, against municipal lands and like and if there is peaceful possession for more than 30 years without any initiation of suits.

Ashish Chakravarty (Advocate)     26 January 2012

Imran, that cousin brother was a licensee of your Grandfather and after the house was gifted to your mother and when your mother permitted him to continue his stay, he became your mothers licensee. Adverse possession is something which is often misused and misunderstood, just by long possession  it does not become adverse. There are several other elements which have to be fulfilled before one can prove adverse possession, without going too much into the details, let me assure you that it will not be easy for anyone to claim adverse possession and get a suit decreed/ dismissed on the said basis. All you need is a good lawyer, Period.

P.S. Hon'ble SC has recently in one of its rulings pointed out that article 65 of the limitation act needs to be amended/ struck out as it is arbitary, if im able to locate the citation il post it here.

Shiela Smith (Consultant)     20 February 2012

With regards to adverse possession, I read in an article recently that in the summer of 2011, a Texas male rose to infamy with the adverse possession of a $330,000 estate in Flower Mound, Texas. The courts, however, decided that Kenneth Robinson's adverse possession is not legal, and he has been evicted. Resource for this article: Courts are kicking adverse possession practitioners out of homes.

Shantilal Pandya ( Advocate)     20 February 2012

 You have  a  good case!  file suit for  eviction  based on your title , it is  for the defendent to  prove  title by  adverse possession, the occupier is  a mere licensee, mere  user  for long time   howsoever long it may  be does not  create title  in him . the user has to   very  clearly prove the  point of time  from  where  he denied the  title of the true owner and setup title in himself  , time  for filing  suit  to recover possession  starts  from   date of  denial of titleof the  true owner  and  not  before , your  case is of   permissiv user by the  occupant  this fact  does never  convert  the  title into  adverse possession !,  all documents relating  to title may  be  in your  favour  the otherside has  very  heavy  burden  to  prove  adverse possession  on failure to  prove  adverse  possession the occupant  is most likely to be  removed out  of   possession.  draft  the  suit  very  wisely 

1 Like

Srinivas (Director)     03 March 2012

Excellent & Concise reply by Mr. Shantilal Pandya.

Burden of proof is very heavy on party claiming adverse possession. In addition to establishing date when title was denied, party must also show exclusive possession. If you have made developments to the property, paying taxes, visiting the property etc it will show permissive possession.

Take lots of photographs.


Good luck

Imran (Project manager)     10 March 2012

Sir, Many thanks for your valuable advice.

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