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How to deal with adverse possession of land
03-Jun-2023 (In Property Law)
My great grandmother had some property. She had 5 children. Out of which one of them (my grandmother) took the entire responsibility of taking care of the land by cultivating and growing trees in a well planned manner. She took care of the entire property for about 30 years. And she passed away a couple of years ago. Now she has 4 kids, and the four kids considered the entire property as theirs, and divided the entire plot as they agreed. Now we get a call from my great grandmothers kids asking for a share of the property since on paper the land belongs to my grandmother. There was no document which states that the land taken care by my grandmother is hers. There was no objections previously from the great grandmothers kids as well when my grandmother was taking care of the property and cultivating in the land for useful purpose. How do we solve this issue? Do they have a right on the property? They are currently asking for either the land or land value as per prevailing market rates.
Hi,
I have gone through the query. In order to claim adverse possession, you should prove that you are in open, continuous and uninterrupted possession over the property, adverse to the true owner of that property. You cannot claim ownership as well as adverse possession on the same subject matter. From your query it is learned that you are admitting their ownership but you want the shelter of adverse possession. For that you should plead and prove that you were in possession adverse to the true owner and the same was open to the true owner which is continuous and uninterrupted.
We also need to know if you have paid the tax for the said property in your grant mother's name in the concerned village office, if no, who paid the said tax; and if she have applied for something for agriculture or electricity purpose in her name. However there is a good claim for you so as to defeat the opponents claim legally.
I hope I have clarified your query. If you have any further doubts please feel free to contact me at my below mentioned address.
regards,
PT Sheejish
Advocate,
Ernakulam.
I have gone through the query. In order to claim adverse possession, you should prove that you are in open, continuous and uninterrupted possession over the property, adverse to the true owner of that property. You cannot claim ownership as well as adverse possession on the same subject matter. From your query it is learned that you are admitting their ownership but you want the shelter of adverse possession. For that you should plead and prove that you were in possession adverse to the true owner and the same was open to the true owner which is continuous and uninterrupted.
We also need to know if you have paid the tax for the said property in your grant mother's name in the concerned village office, if no, who paid the said tax; and if she have applied for something for agriculture or electricity purpose in her name. However there is a good claim for you so as to defeat the opponents claim legally.
I hope I have clarified your query. If you have any further doubts please feel free to contact me at my below mentioned address.
regards,
PT Sheejish
Advocate,
Ernakulam.
Helpful?
41+
41+
Adv. Sheejish P T
Ernakulam | 100+ Answers
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The property is jointly vested in all the legal heirs of the great grandmother. The fact that your grandmother has taken care of the property makes no difference. Try to come to an amicable settlement and execute a deed to that effect.
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Adv. P Venu
Vaikom | 500+ Answers
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Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Property inherited by him from other relations is his separate property. The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.
What is not ancestral property ? Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common.
Taking entire responsibility for caring of the land and cultivation never gives a right over the property. Mere possession of the property does not provide the right over the property. So perusing the documents with regard to the property is need for giving a valid opinion.
What is not ancestral property ? Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common.
Taking entire responsibility for caring of the land and cultivation never gives a right over the property. Mere possession of the property does not provide the right over the property. So perusing the documents with regard to the property is need for giving a valid opinion.
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27+
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Adv. Ajay NS
Ernakulam | 200+ Answers
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