Raj (dd) 09 July 2015

Anubhava pathiyam

Dear Sir, We have our Ancesteral Land in our native. Suddenly one guy is saying that he was using our land for all these years. But i came have read that there is no act like this. The land always belongs to the original owners. Kindly tell me if he can say that our land is his because he has used. If there is an act saying that the land belongs to the true owner, pls send me that act also..

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4 Replies

saravanan s (legal advisor) 09 July 2015

if he openly and hostility occupies your property exercising all the powers that a original owner would have exercised over that property and if you havent opposed it legally even after coming to know about it for 12 continuos years then he can claim title over the land because of adverse posession.but if you had leased it or rente it then he cant claim adverse posession

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Raj (dd) 09 July 2015

Dear Sir, Thank you for the reply. It is our own vacant land. We have the documents of it. We are in chennai. Whenever we go to native we visit our lands.. But now only for few days, He is just orally saying that because he has used, it belongs to him. Will this be considered for Adverse Possession??

saravanan s (legal advisor) 09 July 2015

no defenitely not.if he continues to create trouble lodge a police complaint on him

Ram KUMAR 02 February 2021

Dear lawyers,

A Constructed GF+FF House is on my mother's name (LAND too) and she died recently (she didn't wrote any WILL) and Out of 3 legal heirs, my self and my elder brother wanted to rent out the house and keep the rental income within ourselves (as the Ground floor has been extended by me and First floor has been constructed by my elder Brother). Now, my sister (as a 3rd heir) sent a Legal notice claiming a share (1/3 rd) from the rental income. we are ready to give her (1/3 rd) share, at the time of selling this property but not on the rental income. pls advise, how to reply the notice and if she file a case aganist us, what will be outcome?