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shine mangalore (advocate)     08 June 2012

Property law

My friend has a property in chennai which was brought on 12.05.1986.  As my friend was not constantly visiting his property some 10 families have built small house in that area and now they claim that the land belongs to them as they are staying in the place for more than 10 years.

 

Can those people claim that the property is theirs as they are staying for more than 10 years. Is there any rule in this regard?

 

Kindly reply.

Thank you in advance.



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 June 2012

In case of adverse possession the possession should be open and hostile to the true owner and minimum period is 12 years.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     08 June 2012

In case of adverse possession the possession should be open and hostile to the true owner and minimum period is 12 years.

Kishor Mehta (CEO)     08 June 2012

Sir/Madam,

The homesteaders, who have taken possession without permission, have no right to the property. Please take immediate legal steps to evict them forhtwith.

Reagards,

Kishor Mehta

Ajit Singh Cheema (practising Advocate)     08 June 2012

If the property stand in the name of your friend in the revenue record ,he will have a strong case .Anyway it is right time to take immediate steps for eviction of the illegal occupents.


(Guest)

Your friend should file a suit for the recovery of possession. As rightly pointed out by Mr.Cheema, if the property is in your friend's name in the revenue records he shall get it back. The occupants cannot claim adverse possession, as for adverse possession the posssession should be open,hostile and continuous for a period of 12 years or more. The adverse possessor shall be denying the title of the true owner for 12 years, and on the expiry of 12 years he perfects his imperfect title. It can be termed 'open' only if the true owner had notice of the illegal occupation of his property and took no steps to recover it.


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