New Judgement on Adverse Possession and how it impact NRIs - Lawyer Nidhi Singh
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- เผยแพร่เมื่อ 8 ก.พ. 2025
- A lot of NRIs face issues of possession over their property. Illegal possession and Adverse possession - both are major issues that NRIs face due to their prolonged absence from their root country. It is important for people to understand the terms and also ways of safeguarding themselves from these problems.
Adverse possession implies a situation under which an individual who is in possession of property owned by somebody else can become the owner.
This is based on certain requirements that have been met for a given period. The period is defined as per the law of the area.
In many cases, this depends on whether the occupation was a result of trespassing without any legal right or if it was done by what is known as “a good faith mistake”; meaning that the occupants were convinced that they were justified in their occupation.
This justification could be something like an incorrect deed, known as colour of title.
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great nidhi ji you have actually hit the bull's eye it is great to know the difference between the trespass and adverse possession a tenant is not a person who is an adversary to the rights of the advertant owner of the property.
Very helpful mam . Our tenant almost ten years over. Without rental agreement thanks a lot .
Tyou...Mam....nice explanation..want more videos on Adverse possession on Agriculture land
Very helpful video Ma'am thanks a lot
I like the way u described the things big thumbs up 👍
Madam my father had land for 30 years in vilage i.e agriculture land around 33 bighas in which 23 bighas is have proper paper in favour of my father but around 10 bighas agriculture land is mix with multiple names. We had that land with proff of tubewell electcity bill for twenty years.
Please guide on whether we can claim whole land 33 bighas in our favour with this new rule. Also this rule is applicable in rajasthan state 🙏 thanks
In such a situation, the rule of adverse possession would only be applicable if the 10 Bighas agricultural land was being enjoyed by you peacefully and without any interruption from anybody for a continuous period of more than 12 years. This is a condition precedent for claiming the plea of adverse possession. However, if this is not the situation then you cannot claim absolute ownership upon the 10 Bigha land.
In case the land is jointly co-owned and your father is the clear owner of the 10 Bighas then the land can also be demarcated by filing suit for partition or by entering into an agreement with the other co-owners.
Excellent Explanation 💯🇮🇳
I have a query- A executed a lease for a period of 5 years in favour of B, but before the expiry of the lease A died. Now B is in possession of the said property without paying any rent. Now after 15 years legal heirs of A, citizens of USA got the knowledge of the above-leased property. So now I have 3 questions-
1. How can they claim their property?
2. Knowledge of the owner is necessary or not?
3. If not then B will get the property by adverse possession or tenancy by holding over?
They can claim their property by filing an appropriate suit in a court of law. However, they will have to prove that they have been visiting India and have been asking the tenants to vacate the property, for which proof/supporting documents will be required. Moreover, any correspondence to this effect can also meet the requirement. Otherwise, the property can be claimed by the tenants through the court on the ground of adverse possession in case they are in possession of the property without interruption for more than 12 years.
Madam, our family property's procession period is of 150yrs plus, from mom's grandparents. Our new neighbours are making new claims on changing our boundary wall. Boundary wall itself is 30yrs old. Our Property is very long one and width is low in a hilly area with stairs like shape. 70 meter length and 16meter width. So in FMB it's straight lines borders but natural boundary is not straight lines. So neighbour trying to manipulate. Can we use adverse possession laws so that we don't have to giveaway property parts to new neighbours, a property in our possession for over 150yrs.
In your case, law of adverse possession is not applicable because in case of adverse possession, the property should have been enjoyed by the other party peacefully and without any interference from the owner. The matter should be settled through the concerned revenue authorities.
@@NRILegalServicesBut still this 12 years rule is applied when making claims. I think some new neighbours can't ask old land owners to change ages old boundary for their advantage. As per the Survey Rule 63, Resurvey should be done as per the enjoyment. Not as per anyones New claims.
1 shall copy paste the rule here
@@NRILegalServices 63. Resurvey where there is no error in the measurements but the boundaries on ground disagree. - Where there is no error in the measurements but the boundaries on the ground disagree with the records, the field must be resurveyed in accordance with the actual facts of enjoyments, except in the case of poramboke, where each case will be dealt with on its own merits.
64. Certain alterations in the village boundaries to be reported to the Director of Survey and Land Records. - The traverse alterations referred to in rule 60, all perceptible on the map on scale of 14000 shall be reported immediately to the Director of Survey and Land Records.
Mam
We are living on a land for more than 50 years and the owner of the land died
Then nobody asked us to vacate the property
Suddenly his grandchild has registered the property as ' Relinquishment deed' in 2016
He never told us to vacate the property till now
But our neighbours are selling their houses stating that the owner might ask everyone to vacate land in return of money
Our neighbours are selling land at low prices
What can I do mam ?
Can we make this property ours legally?
Or should we sell it as soon as possible and buy a house somewhere else
We haven't informed the owner about not vacating the property
There are two solutions possible to your question, and the right one depends upon what you want.
If you wish to hold that property, being attached to it for being there for so long, you can file a suit in the court of law that you be declared owner of the said property on the basis of adverse possession as you have been enjoying the possession from last 50 years peacefully and without interruption from the owner and you are not a tenant. Along-with this, you also have to file a suit for the relinquishment deed to be declared null and void.
The other option you have is to sell the land quietly as your neighbours did and move to some new location, which may not be legally correct and you can be chased by the owner.
Hi. Can you help me understand.
I have found a property and land that is abandoned. I have spoke with a few homeowners around the property and they have stated that the property and land has been neglected for years. The house smells of damp and mould where its been sat still for at least 4 years. I have traced the owners to a different location which is not on the Title deeds. I have emailed demanding the title deeds to be transferred to myself and have recieved no reply.
I wish to occupy this land and property to rejuvenate from its neglect state and make it habitable for me to occupy.
Please can you advise me further if I can occupy this land and claim under adverse possession?
At the outset it is advised to you that one cannot take over a property of a stranger without sale or transfer etc. The fact that the original owners of the land have not reverted to you, does not mean that you can take over their property on the basis of their negligence. Insofar, as claiming adverse possession is concerned, the concept of adverse possession requires certain pre-requisites. To claim adverse possession, one needs to be residing and having uninterrupted and hostile possession in another person’s land for 12 years. Once an uninterrupted and hostile possession has been established, the person claiming the same can move to the court to claim adverse possession. Presently, from what you have asked us, we understand that you are not in possession of the piece of land, therefore, you cannot claim adverse possession.
Does that law apply on Tennant in a urban property. The Tennant is paying rent in bank account
Mam mughe lok Adalat sai award prapt hai adverse possession comprise hone ke baad ex owner sai...baad mai ex owner zameen bech diya dusre to kya wo zameen ka jo dakhil khariz hua hai wo cancle ho jayega aur kya actual owner (mtlb Jo compermise sai liya hai adverse possession uska hoga wo property )the ex owner has taken compensation and compermise by the court...and lok Adalat awarded the actual owner ...can put permanent injunction on the suit...and can apply for cancel the sell deed and motation
To answer your query, if the ex-owner has accepted the compensation and the compromise settled at the Lok Adalat, he is debarred from selling the property to any third - party. A permanent injunction can be imposed on him by the order of the court. Also, you can apply for cancellation of the subsequent sale deed and mutation executed. Our team can assist you in the legal procedures.
medam good morning i have one qution on advers possession this Advers possession can applicable for on Ex servicemen property if no , then what is law sections, any case citetion on this
Adverse possession can be claimed over Ex-servicemen property as well. As per the Limitation Act, the period of limitation in such case is 12 years.
I have ancestral property from my grandmother's side...we didn't knew that it existed ...but someone from that village told us have the property...can I get that property as it is more than 50 years from now ??..
You do have right in the ancestral property, however, if it is 50 years old, first you will have to check currently in whose name is the property reflecting for which you can seek assistance of professional firm providing such services.
Thankew mam for ur reply
Mam I have a piece of agricultural land that is jointly held with my brothers, inhereted from my father. As my father's brother's sons( my cousin's) are not financially well off we had permitted them to till a part our land(3 acres). Till past few years(15 years) eldest member of my cousin's family was tilling the land, there has been a rift between my cousins and now all four of them are tilling our land by dividing between themselves(from 5-6 years). Recently they have approached my brother and requested him to give their family a share in the land.
Till now we have never asked for rent or for crop sharing and the relationship between their family and my family are cordial.
My brother don't want to part our lands with their family as the lands comes under city limits and worth a lot of money.
My queries,
1. Can they claim adverse possession?
2. How to handle this situation?
Firstly, if the property as you have mentioned had been inherited by you from your father, your cousins have no right on the property of your father and no one other than the legal heirs of your father can raise a claim on the property even if you have given permission to them for tilling the property.
As per your first query, nonuse of property by owner even for long time would not affect title of the owner unless claimant to adverse possession has asserted hostile title in denial of title of the true
owner peacefully, openly, continuously and for a continuous period of 12 years. For claiming the plea of adverse possession the other party have to claim their own right against the denial of rights of the original owner and the original owner must have known the facts of denial of the occupants. In your case your cousins approached your brother and request for share in the property as such they cannot take plea of adverse possession.
As per your second query if your cousins are not ready to give the possession of the property back to you, then in that situation you and your brother can file suit for possession in the court for taking back your property and also you can file suit for rendition of accounts for recovering the money from the income generated from tilling the land by your cousins.
@@NRILegalServices Thankyou mam.
a property recently purchased and have all documents like tax, possession certificate, sketch etc. But my neighbor trespass a portion before i bought . now i go to govt resurvey and they showed us exact boundary and marked it . Neighbor don't challenged it at that time. but after a mont he forcefully trespassed an claimed it back. And placed a soil boundary. Previous owners are old couples and they passed away. What should we do?
If the Government has marked the exact boundary that fall in your possession and your neighbors are trespassing such portion, you can file a complaint against them with the appropriate authorities that they are interfering with your peaceful possession of the property.
Ma'am our family live in a property at last 100 year in government property.we have a good construction house on it. we give taxes and electricity bill and water bill also to government.can government out from this property.
It appears that your family is enjoying peaceful possession of Govt Property from last more than 30 years without any interruption from any authority. Under these circumstances, the Government cannot evict you out from that property. In case of any litigation, you can approach an advocate or law firm for assistance.
thank you medem for my qution explanation. medem one more qution is, As per law there is no advers possession is applicable to ex servicemen property is it correct ? if correct pl show me the law IPC sections and any case sitations. thank you medem.
Please note that there is no such law which lays down that adverse possession is not applicable to ex - servicemen. It is a general law for which there are no exceptions.
@@NRILegalServices medam thank you for reply my qution but somany suprem court Advocates are telling that no baby can tuch the ex servicemen property if it is 100 years also in others possession is it correct ? If correct pl show me any case reference
Mam, my father’s (grandmother- maternal ) was living on a property as a tenant since 1955. She died in 1998. I and my family are living for past 15 years continuously. And the owners have not been taking rent. The original owner has died and his property got transferred to his 5 children. All are in usa. We have been payinh electricity bill and water bills in original owners(which has died) name. Can we consider it as adverse possession ?
In the given situation, as the property was given on rent to your father’s grandmother and after her death you and your family started living there, as a result of which the initial possession of the property was not with the intention of dispossessing the true owners and also, they had the knowledge of the same. Now, if the property stands transferred in the name of the legal heirs and they have visited the house then the plea of adverse possession cannot be claimed as the possession is interrupted by the presence.
Hello Mam, my mother had given her residential property to her sister in law and her husband as caretakers to stay out of love and affection as they were financial not sound enough. Now after 25 years when they were asked to leave the property they have denied to do so to my mother. We had cordial relations with them and used to visit the property every year but suddenly they have denied to vacate the house. Please highlight on our legal rights in this matter. Thank You !!!
It appears that your mother is the owner of the subject property as per revenue records. It may be her self-acquired property. She being the owner, has full right to ask them to vacate the property. Your mother can resort to legal recourse against them to get the property vacated by seeking possession of it. Before that, a legal notice will have to be sent to them.
@@NRILegalServices Why the Law of Limitations is applicable on this case? The other party is in possession from last 25 years.
@@NRILegalServices why ?
Respected ma'am, what about a joint residential property and one of the legal title holder is a oci/pio, a usa citizen and he intends to sell his 50% share in the said property whereas other holder being an original allottee living in property doesn't want any part to be sold. Both holders dont have resale agreement.Please help. Thanks.
In such cases where title holders of the property are having 50% share each, it is advisable to go for a partition suit. By way of partition suit the share of both the parties having been partitioned, each has a right to sell his share. On the other hand, a person who does not want his share to be sold, he can enter into a family settlement, pay the cost of his share to the other party after taking an affidavit/undertaking from his and then get the mutation done in his name for the entire property. In case of any help required, you can approach our office with full details of the property and facts of ownership.
Mam, trespasser have any right over property under adverse possession
Trespassers can claim adverse possession if their possession over the property is Hostile, Actual Possession and Exclusive and Continuous Possession. If these conditions are fulfilled then the trespasser can claim adverse possession.
We are combined family patta according to ROR no partition happened but one of the family title holder sold 2 acra to out holder20 years back the out holder having possession in and paying land tax.adverse possession is possible to outers? Is this possible without mutation and partition ? Madam please reply
As the land was sold by the person entitled to sell, therefore, making the sale absolutely valid. The possession has also been given to the purchasers although the property was not partitioned. The plea of adverse possession can be taken by them as they have enjoyed the peaceful possession for 20 years.
Ma'am if commercial property on 11month rent in form of registered notarized stamp of 1000Rs then also adverse possession apply and what is the solution for the owner.
A person can claim adverse possession, provided if the conditions laid for the same are fulfilled i.e. nature of the possession must be visible, hostile and without intrusion for more than 12 years. Further, the intention of possession of the land must be accompanied by intention of owning the land. Thus, if you had a rent agreement, then the tenant cannot claim adverse possession as his possession is permissive. Further, you can file a Eviction Petition to evict the tenant from your property.
Thanku Ma'am@@NRILegalServices
My property is registered by my fathers name he passed away when i was 5 yrs old but he registered my name as a gpa of this property and my mother is tax holder of this property but some corrupt leader sold out illegally our land without my permission and changed the name of electricity bill in that case what step i should take i tried to take legal action but they interfere in our objection.....
As after the death of your father, his legal heirs shall be entitled to his property in equal shares. However, if in the present case, the property has been illegally sold by someone who is not entitled to do the same, the suit can be filed in the Court of Law for declaration that you were appointed as the GPA of the property and after his death you alongwith other legal heirs are entitled to the property. Our team can assist you in filing the suit.
@@NRILegalServices thanks for replying
is this order applicable to suit filed in past or applicable for future suit
Whenever any judgment is passed by the Hon’ble Supreme Court and that judgment contains a clause that it should have a retrospective effect, only then it is effective on the pending suits. In the present judgment nothing of that sort is mentioned hence, it will not have any impact on the pending suits.
Hi i am from Kolkata, one of my original tenent expired and his wife shifted to some other property owned by them, and subleted the rented poetion of my property, already filed a evection suite, against the wife of original tenent, on the basis of subletting , genuine requirement, illegal construction and encroachment of other part of property forcefully, do the sub tenent , who is staying in my property claim the adverse possession, as he is staying for more the 12 years.
The tenant in the given situation can never claim ownership. The law is settled: ONCE A TENANT, ALWAYS A TENANT. In no situation, a tenant can claim ownership. Also, if the landlord does not explicitly allows the tenant to sub-let the premises, the tenant is not within its rights to do the same.
The rule is well established that as long as there is a relationship of a landlord and a tenant survives, the tenant can’t in any case set up his title of Adverse Possession and in the given situation, legally the relationship of landlord and tenant does not come to an end.
Just a query for everyone to ponder. Does that mean a man/woman steals a property through criminal means , say a NRI's signature, when the NRI proves that the NRI wasn't even present in the country at all, thus impersonating with the servants a NRI putting signature of the owner. The NRI comes to know, shows proof of his/her absence in India , case starts because the proof is irrefutable and the thugs in khaki initiate a case carefully timing the case to be filed after the said period of 12 years, so the accused purchaser can take sanctuary under the adverse possesssion. All NRI's need to ponder if the Supreme Court gives such an interpretation , the thief after holding on to stolen property and in hiding with the collusion of the police would claim to ownership of stolen property. Such a schema of interpretation under the principle of harmonious construction of the rule of law can never be permitted. I suggest all NRI's reconsider their investment in property in India, because this gives interpretation as "Once stolen, is forever stolen..and the thief gets right to title..and such a interpretation is a nonsense of the Supreme Court, while claiming "crime never dies" ..oh by the way is Trespass a crime under the statute..ok..so now you all know what I am talking..about. A thief cannot have bonafide belief that stolen property belongs to him..that is impossible if thought even with a peanut size brain..
Hi Mam, we are Living in the property since 2008(paying Current bill) its public(known to everyone), In 2016 my Uncle (father's 2 brothers) asked to share the property, we went to sarpanch, but it didn't settled samething happens in 2017,2018. Now(2022 Jan ) Sent legal notice to share the property, Shall I claim Adverse position, as it more than 12 years?, but they went to sarpnch does this impact Adverse possession?
According to the law on adverse possession, if a person has continuous and uninterrupted possession of a property for a period of 12 years, he/she can claim adverse possession over that property. In your case, since your uncle had been trying to get the possession since 2016, it cannot become a case of adverse possession. Moreover, if the property is jointly owned by your father and uncle then your father cannot claim adverse possession because as a co-owner, he is acting as a representative and cannot claim absolute ownership.
@@NRILegalServices thanks for the clarification
My Grandpa has given 2 room set to his brother's son to keep stuff when he was part of joint family orally. Everyone separated 15 years back but we kept them using the property. In June 2020 we have asked them to vacate the property which is on my father's name but they are not willing to leave it.
Please let me know what can be done in this case. Can opposite claim adverse possession or how should I get the property vacated.
Please suggest..
As per your query, as the property have already been partitioned to every shareholder in the property and you allowed your relative to live in the property of your father, he cannot simply take a plea of adverse possession as your relative living in the property of your father with your father’s permission. As per law, the possession if permissive then one cannot take a plea of adverse possession. You may file an appropriate suit in a court of law against your relative to get your property vacated.
@@NRILegalServices thanks a lot for your advise.
Ma'am jai hind... I m from agra, meri family 22 saal se ek ghar mai reh rahi hai or abanti matlab padosi ne hume notarized agreement par hume vo Ghar bech dia tha but registery kisi ke naam nahi hui thi. Or ab vo bol rha mai nhi bech raha apne naam registery krane ka anurodh kar raha hai avas vikas parishad se... Toh jb usne hume bech dia tha ab mukar raha hai ese mai hum kya kare... Jabki humare pss electricity bill, rashan card and all documents hai... Toh hume kya karna chaiye... I need your guidance and help... Please ma'am muje btaiyega
The agreement to sell was entered into when your family signed the notarized agreement for the house. And the said agreement is not registered in the name of your family members. Now, since the documents are not registered, you can not be called the owner of the property in question and will not hold any right, title or interest in respect of the same. However, since you have been residing in the said property for 22 years and have proof to show the same, including Electricity bill, Ration card, etc., you can file an appropriate suit in the civil court of the valid jurisdiction.
@@NRILegalServices Is will be beneficial or in support to file suit in behalf of this...?
@@NRILegalServices in today's(30/05/2022) hindustan newspaper it is written that 406 and 420 dhara .. hum FIR kar sakte hain...
Maam my uncle has made one land in his name whithout any noc from my mother and her sister so is it legal that now the land is in his name coz I feel ancestor property is equal to son daughter just wanted to ask is it legal ???
As the property in question is ancestral, hence, both sons and daughters are equally entitled to the share in the property. In your case, if your uncle has acquired the whole of the property without being partitioned with the other legal heirs then the property so acquired by him is not valid in the eyes of law.
Partition has to take place between your mother and her brother and sister getting equal share in the ancestral property.
@@NRILegalServices thankyou maam and hoping to see you soon and give you the good news soon
Ma'am i am living in my house since30 years and today the notice is given to me that it is a pond i am living in uttar pradesh lucknow ma'am show some way how i handle this please help me
I didnt receive any legal notice since 30 years
As you have been enjoying the possession of the property without any interruption, continuously and peacefully for a period of 30 years, you can claim the plea of adverse possession that you are owner of the house and nobody is entitled to dispossess you from the property.
But what if pond gets filled... It's dangerous
They have cheated my father mam my father not sold my father is uneducated so he doesn't no they cheated taken sign mam plz suggest me mam
Mam my grandmather father gifted house to my grandmother in 1943 mam and my grandmother has put an agreement for 400 rs to other person my father his uneducated he has not done any thing till now my frand mother name is coming in EC documents 2019. But my my father causinse his done 1973 a registered paper and signed by my father that they are telling ur father as sold your house to us till now they are enjoying 40 years they have paying tax electricity bill water bill all. mam what can I do can I claim to this tell mam plz but till 2019 EC it's flowing my grandmather name even person agreement person both name what can I do plz suggest me mam plz
It appears from your question that your father’s cousins fraudulently obtained your father’s signature in 1973 and got the house registered in their name as having been sold by him to them. However, your father’s cousins have not got the revenue records amended as the house is still been shown in your grandmother’s name. Since, your father’s cousins are enjoying uninterrupted possession of the house since last 40 years as stated by you, even under these circumstances they have title over the property on grounds of adverse possession. Notwithstanding, the above, still if you can prove that your father was the owner of the property after your grandmother’s demise and your father’s signature were obtained fraudulently by his cousins and also that you have been interfering in their peaceful possession of the property, then you can file a civil suit claiming the right over the property being Class-I legal heir.
Mam even i hv a query on adverse posession that 25 years ago my father brought property through GPA and now my father expired and property is not been registered yet in my father name. But we are in possession from 25 years, till today electricity bill, water bill, gas bill everything is in my father name. Now land owner coming and telling you people dont have title documents and telling that this property belongs to him. So can i claim adverse posession now?
In this case, instead of claiming ownership by adverse possession, you can approach the Civil Court by filing an appropriate Civil Suit in the Court and take a plea to declare yourself to be the owner of the suit property being the legal heir of your father as he had purchased this property on the basis of GPA and also had all the connections (Electricity, water, Gas) in his name which proves his ownership over the property, more so, when the person now claiming ownership had never any objection to your father’s right over the property for the last more than 25 years and also take a plea to restrain the opposite party from falsely claiming themself as the owner of the property.
We have possession of land through part performance of contract since 50 years and seller is not interested to complete agreement, can we claim adverse possession?
Adverse possession can be claimed if you have been enjoying peaceful possession of the land without any interruption or interference from the owner for more than 12 years.
@@NRILegalServices please refer case laws with respect of such type of case
@@vinayak1358 www.nrilegalservices.com/adverse-possession/
Probably not because the person of possession of the title is still in act of managing the land
Madam.
Adverse Possession is applicable to Hindu family property?
Adverse Possession is applicable to ancestral property??
Adverse possession irrespective of the religion is applicable to all the properties in India.
@@NRILegalServices Thank you Madam.. And iam asking about Familie property?
@@NRILegalServices and Co sharer van claim through Adverse Possession?
Pl get me legal advice for this situation
Please send us your question on query@nrilegalservices.com
Hello ma'am,
Is adverse possession law applicable to flat/apartment?
The doctrine of adverse possession is given in favor of those who enjoy the peaceful possession of the property for a specific period of time i.e. 12 years without interruption. Once the period of 12 years of adverse possession is over, even owner's right to eject the person from his property is lost and the person in possession acquires right, title and interest possessed by the original owner through court of law.
RESPECTED MADAM , I just like to know that my dad is looking after my uncle property for last 20 years . We paid all taxes and other management fees . My uncle is no more but their family never bother about the property. Can we claim adverse possession?
@@mimainlandindia5295 ur uncle is a caretaker, so he has no right to claim it on the basis of adverse possession.
Sorry your father as a caretaker cannot claim the property of your demised uncle on the basis of the adv. possession.
Till now house was not transfer to my father what shall do mam plz tell
Please lecture about article 65 A And B thank you
Lastly in the video You have made an unusual statements is quietly abnormal which do not support the Judgment passed by Honorable Supreme Court Of India dated 7th August 2019
Can a brother claim adverse posession on the property of his NRI brother?
If the property is co-owned with other family member then he cannot raise a plea of adverse possession because as per law one co-owner cannot plead adverse possession against another co-owner unless, there is an express plea and proof of hostile title asserted to and remained in possession in assertion of that right to the knowledge of the appellants. But if the property is the sole ownership of a NRI brother as per your query and he gave it to his brother in India only for the purpose of looking after the same in his absence and the brother to whom the property was given earlier is staying there for several years, he cannot thereafter claim title over the property by raising the plea of adverse possession as the property was given to him only for the purpose of looking after the property . As per the latest Judgement of the Hon’ble Supreme court for claiming the title over someone’s property by raising the plea of adverse possession the possession of the property should be exclusive, continuous and Hostile against the rights of the original owner. It cannot be based on the consent of the owner of the property. As such as per your query brother cannot claim the plea of adverse possession against NRI brother.
If nri comes within 12 year sale property why to do...
Please write to us on query@nrilegalservices.com
Hi
My Name name is Nawaz .My father is the occupant of land from 25 years .The land is private land and reserve for garden ,my father has paid assement tax till 2010 ,so can I put my father name in 7/12 extraction and property card by using limitations act adverse possession it's commercial land please guide me it's a humble request
In such a situation, if the property has been in possession of your father without any interruption by the actual owner and he is enjoying the property peaceably, then the plea of adverse possession can be claimed by your father.
Mam I have all the elements and also they file a case against me after 20 years
Ma'am really thankful for sifting through the concepts of Adverse possession.
However , I am having one query which is shared below.
Que) That should it be mandatory for the defendant who are in possession of property to accept the factum that plaintiff is the real owner of the property while claiming disputed property by way of Adverse possession.?
I mean if defendant right from the beginning disputed the title of the plaintiff , then in such case defendant May have continuous possession but not Adverse because here defendant is having possession by virtue of trespasser as defendant never acknowledged the factum of title of plaintiff.
As the supreme court did not accept the plea of Adverse possession of defendant as holding it to be continuous but not Adverse since defendant never accept the plaintiff as the owner of the property.
Reference:
Shri uttam chand through LR versus Nathu ram through Lr civil appeal no.190 of 2020.
This , my query is that if I being a defendant does not approve of the title of the plaintiff , then it's not the case of Adverse possession ?
In order to claim the plea of Adverse Possession, it is a well settled fact that this plea can only be claimed if the person who is in possession of the property is not the real owner of the property and is not challenging the ownership of the real owner. In adverse possession, the owner of the property is at fault by not interfering in the peaceful possession of the possessor.
As a result, the person who is in possession of the property and is claiming adverse possession cannot challenge the ownership of the real owner.
I'm your fan now.
Madam,
You have given great insight into the subject..But still I have a query..
Around 50 years back a residential property was leased/given on rent by a company to us..Thereafter, they have never spent a single penny for maintaining the property and has collected rents from us for so long period and we have been maintaining it since last 50 years with our hard earned money apart from paying rent. From last 5-6 years we have stopped paying rent even though they have been sending us notices of due amount & we are acknowledging the receipt of notice by signing a copy of it and giving it back to them but not paying the rent for the same..
Can these situation be counted as adverse possession?
Since we have been staying there for more than 5 decades..Every single penny was paid by us for whole period for maintaining the property..But still they warn us saying that, we will lock the main door of the property if we don't pay the rent..Electricity bills are in the name of my late father who has passed recently..
Is there any solution to acquire the ownership of the property??
Please let me know..
Thanks in advance..!
The plea of adverse possession can only be claimed if the possession of the property is illegal. In the present case, as the property in question was given to you legally by the company in the capacity of a landlord and a tenant, you cannot claim the plea of adverse possession.
If you want to acquire the property, then you can purchase the property from the owner by dissolving the relationship of landlord and tenant.
Do adverse possession applicable in between two brothers, one brother is taking care of property for more then 20year.
Also what if the person abandons a property. Someone passed away and the house was upside down on value. The says I want nothing to do with this property and says if uou want to stay its up to you but you have to call the bank and see what they can do for you. Because if you don't stay I'm going to let it go foreclosure. So basically the person stays there for 8 years he's a taxes pays the interest pays the mortgage. keep in mind the house will go on foreclosure if they would have stayed. What happens when what is that considered
The doctrine of adverse possession is given in favor of those who enjoy the peaceful possession of the property for a specific period of time i.e. 12 years without interruption. However, one can claim adverse possession, provided if the conditions laid for the same are fulfilled i.e. nature of the possession must be visible, hostile and without intrusion for the specified period. Further, the intention of possession of the land must be accompanied by intention of owning the land. Thus, if a brother is having a permissive possession over the land, adverse possession cannot be claimed.
@@NRILegalServices but if you have proof that you pay the taxes interest in mortgage the whole time. For 8 years
@@NRILegalServices Do you do consultations if so how much do you charge
Mam, I have a query on adverse possession.. My family (for three generations) have possessed the land for more than 30 years but the owner have never been visited the land and we have been cultivating the land for all these years but paying only house electric bill in the name of owner and all our address proofs like ration card,voter ID were pointing to the address of owner. Will I be appeal a claim for adverse possession to tile the land in our name?
The plea of adverse possession can be claimed by you by filing a title suit in the court of law as you are in the possession of the property from last 30 years and the owner is in knowledge about the same. Before filing such suit, it must be ensured that the possession was peaceful, uninterrupted and exclusive for more than 12 years.
brother can claim for adverse possession...
The plea of adverse possession can be taken by anyone provided he entered the property as a trespasser and is enjoying the same without any interruption and peacefully for a period of 12 years.
If your brother is within the above definition, then he can claim the plea of adverse possession.
Sub tenant was subleted by the original tenents wife , not by us/ landlord.
Notice was send to me as i was a tenant but no action was taken from the owner still i am staying there uninteraptedly nor i am paying any rent to the owner.nobody from ownerside has come to me till today what my possession is adverse and hostile to the owner.pl can i file suit for declaration for title on the ground of adverse possession
I am staying there for more than 20 to 30 years after serving legal notice by the owner .electricity bill,water bill and assessment bill comes in my name
Yes, you can claim adverse possession, provided if you fulfil the conditions laid for the same i.e. nature of the possession must be visible, hostile and without intrusion for the specified period. Further, the intention of possession of the land must be accompanied by intention of owning the land. A suit can therefore be filed to claim adverse possession over the property in question.
@@NRILegalServices but you said tenant can never claim adverse possession of the property. Once a tenant always a tenant. The owner can show the Leave & License agreement to prove that. Please clear this doubt.
The owner is an owner and it should be his property
Hi mam my father bought 5 acres land in 18 years back now real owners came ,in the 18 years real owner not disturbed me,in this situation adverse position is applicable?
If your father has bought / purchased such land, then you can stop the persons claiming to be owner by showing them the proof of such purchase. There are various ways to stop such persons from interfering in your land. Since your father owned such land as he had purchased it as you stated, then there is no requirement of claiming adverse possession.
@@NRILegalServices Thank you mam
How come that in your another video, u have whemently stated that the Hon'ble SC judgement dt 7 Aug 2019 of 3 judges wouldn't be of any botheration for the NRI's? Sheer hypocrisy ain't?
Highly path showing
Very strange rule 👎
stay out of my msgs. Cause you dont know this case 89
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