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saurabh   23 March 2015

Dispute over joint property - adverse possession

Hi All,

To start the topic, We were a joint family (4 brothers) living in Delhi in a common house until 1985.

After separation under some circumstances, we mutually agreed that two of my brothers will stay in delhi and there is one house in Gurgaon which I will occupy. And another house in gurgaon will be given to my 4th brother

So we moved to Gurgaon in 1986, and have been staying in that same house in Gurgaon which is a joint property of us four brothers.

I am the youngest of the four brothers. After the death of my eldest brother, my younger brother under GREED said that the property rates of Gurgaon are much higher than that of the Delhi house and he wants that we should sell all our assets (Delhi House and Gurgaon House) and then divide the money equally within him, us and the son of the eldest brother who died.

We have been living in this house exclusively now for around 30 years which was mutually decided, when Gurgaon was nothing and I had to travel to Delhi all the way for work and even getting small things.

I pay the Electricity, Water, all the maintenance and even the Property/House tax is in my name.

I want to know if I can claim the property under adverse possession since it has almost been 30 years we have been living there. 

To avoid this dispute or what are my options?



Learning

 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 March 2015

Sir, See tell your brother to take his share and leave .... Since he has a right to partition if the property is ancestral property ? Or let him file a petition suit and let the suit go on for like some years and settle it..... Regards Kapil Chandna Adv 9899011450

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