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How can I get the ownership through adverse possession?


26-Dec-2023 (In Landlord/Tenant Law)
I am residing in a flat which is owned by my uncle (registered on his name) he is still living..but we are living in this flat from year 2003 peacefully, uninterrupted. So now can I file a case for adverse possession against the owner and get the flat ownership on my name?
Answers (3)

Answer #1
621 votes
Hi. In the narrow conspectus facts narrated by you, it is advisable that civil proveedings seeking a declaration that the ownership stands teansferred to you on the principles of adverse possession be filed in an appropriate court having jurisdiction over the subject matter of the suit.
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Answer #2
952 votes
no it is not possible as it is not adverse possession. Q- I am residing in a flat which is owned by my uncle (registered on his name) he is still living..but we are living in this flat from year 2003 peacefully, uninterrupted. So now can I file a case for adverse possession against the owner and get the flat ownership on my name?
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Answer #3
549 votes
You can't file a case on the basis of adverse possession. Adverse possession is a shield not sword. If your possession is against the will of owner and in his notice, he can't file case against you after 12 years of adverse possession as the same is barred by limitation act.
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