Can my dad get possession of the house where he has lived for 15 years

807 votes

Continuity in adverse possession: The possession and occupation of the property by the trespasser/claimant must be continuous, uninterrupted and unbroken for the entire statutory period of limitation.
Hostile Possession: The claimant must occupy the property for the full statutory period of limitation by knowing fully well that he/she does not have any legal right to posses /occupy that property. The intention of the trespasser must be to acquire title to the property by adverse possession against the true owner.
Actual Possession: The adverse possession must be actual possession such as construction of house, erection of shed or some structure, fencing the property, grazing cattle in the land, farming and harvesting of crop in the land, planting and cutting trees etc. for the entire period of statutory period of limitation.
Exclusive Possession: The claimant must be in sole physical possession of the property against the legal claim, right and title of the true owner or other claimants for the statutory period of limitation. Development of the land, construction of house or erecting boundary walls is examples of “Exclusive possession”. It must not be token possession or pseudo possession.

After expiry of the statutory limitation period, there cannot be any cause of action and the adverse possessor acquires the right, title and interest of the original owner(s) of the property. He/she becomes entitled to deal with the said property in the way he/ she likes or desires.

Advocate Siddhant Sharma LawRato

954 votes

first you have to give details Who is land owner, details of Building or Chawl.
what kind of case pending in court. so come with full details so that we will help pot what is exactly solution.
and do not vacate room , possession is most legal evidence for the future correspondence.

Advocate Swapnil Harihar Patil LawRato