(Guest)

Will / adverse poss

I am a Christian. Been living in my current house for the past 30 years continiously.

This house originally belonged to my grandfather(moms father)he expired in 1980. And has since been transfered to my grandmother who also expired couple years ago.

(I am not sure how this transfer happen or if it did on paper)

As I dont have any documents with me. Now about three months ago my aunt comes an shows us will stating this is my grandmothers last will made 30 years ago.

This will states that only my mother can live here till her death. Now when I saw this will, it looked new like it was made yesterday, also the signature of my grandmother is stuck on it not signed on the original paper. Also when we asked for a copy of it, the aunt started a fight and refused to give a copy to us.

Now someone told me about this thing called adversse possesssion - where if we are staying there for more than 12 years we cannot be asked to leave. Is this true ?

I beleive this will is a fake as there was another will made by my grandmother too but which is not beong shown to us. Also what is the next course of action.

Where do I stand. Any help would be apprecaited.

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2 Replies

K.K.Ganguly (Advocate) 24 April 2012

Adverse possession will take place if you take possession & continue to keep in possession of the property for 12 years or more, not being the owner of the same & your such possesion is within the knowledge & against the will of the actual owner of the said property. In your case it is different since you said that your Grandmother owned the property she died couple of years ago.

Make sure about the flow of title of the property. If your Grandfather owned it in his name & he died intestate, then after his demise, your grandmother & all his sons & daughters will share it equally.

Make necessary searches from local registration office to find out the flow of title & in whose name the property now stands. If it is still in your Grandfather's name then your Gramdmother's will (even if it is not forged) can give only her share to your Aunt.

If the property has been legally transferred in your Grandmother's name by your Grandfather then the executor of your grandmother's will (real or forged) shall have to take probate of the will in which case all the heirs will get notice. You can contest the will at that time.

Do not leave the house now.

(Guest)

Thanks for your Response.

I am in the process of getting the property card etc.

My grandther had made a will too. Where nothing(except Rs 5000) was left to my mother. He expired in 1983. That will has apparaently not been executed as my mother was only to get Rs 5000. thats it. And we have never been officially given that.

Also I read wills made by Christian dont need to be Probated, is this the case ? My aunt told me she is not going to have the will probated, they are going to use some alternative process.

We are not moving!