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Adverse Possession by Family Member
11-May-2023 (In Property Law)
My mother[HINDU] is living in a property of 8 cents from 2007 to present date, the property belonged to her mother who died interstate in 2007. After which the property was mutated to three sisters including my mother. The other two sisters are well of and settled in far away places and hardly visited the property or paid for its maintenance . My mother from 2007 has maintained the property by paying land revenue ,electricity [Bill is in her name] bills,property tax to the local panchayath, maintenance of structure,Ration Card is in her name . Now out of the blue the sisters have filed a suit for part ion and intend to disposses my mother from the property. My Question is whether my mother can seek refuge with Advserse Possesion or is there any relevant laws to support her claim through possesory title.
Thank You
Reapected
Since it is the ancestral property, she is also having 1/3rd share in the said property. Here, the question of adverse possession will not arise since in the prayer in the suit is for Partition only.
They cant dispossess your mother not her share over the property. Under the “shadow” of adverse posession and maintainance of the property since from long time, your mother “can” claim more portion of share on the basis of documents.
As the posession over the respective property in concerning to respective 1/3rd share is abusulte one to your mother and it cannot be curtailed in any manner nor dispose your mother in any manner.
if further legal assistence is require you can contact us or contact any respective advocate.
Since it is the ancestral property, she is also having 1/3rd share in the said property. Here, the question of adverse possession will not arise since in the prayer in the suit is for Partition only.
They cant dispossess your mother not her share over the property. Under the “shadow” of adverse posession and maintainance of the property since from long time, your mother “can” claim more portion of share on the basis of documents.
As the posession over the respective property in concerning to respective 1/3rd share is abusulte one to your mother and it cannot be curtailed in any manner nor dispose your mother in any manner.
if further legal assistence is require you can contact us or contact any respective advocate.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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if that is a property which was left intesatte by your maternal grandmother then sisters of your mother also have right to seek partition of the same, but they cannot totally disposes your mother is also having a share in it
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Your mother is liable to give your sisters share and she can't deny the same on any ground which you have mentioned here. As it is derived by your grand mother and she has died intestate, hence all her children will get the equal rights in the property. If your grand mother would have eccuted any Will or Gift in your mother's name exclusively then your mother would have fought for it.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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