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Can my Brother claim my Property Under Adverse Possession Law in India
12-Jan-2023 (In Property Law)
I have registered my Flat and all documents, Sale Deed, Tax Bill are in my Name. Have given the flat to Brother to stay since he is home less. Can he claim property under adverse possession after 12 years and what is I keep him as tenant and charge him rent to avoid the same.
registered rent (leave & license) agreement is recommended option. even otherwise he is a gratuitous licensee. he can not this claim adverse possession. if he fails to vacate on your demand, he becomes a trespasser.
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should you need any further assistance, we would be pleased to assist you in your matter
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Adv. Amit Agashe
Pune | 200+ Answers
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Can brothers claim adverse possession?
No. The law of adverse possession does not apply to family property. You attempt to prove the authenticity of the will.
Can my brother claim my property?
Your brother can still contest the will as hes a legal heir of class I. You can give the property to anyone you want if it was acquired by you. 09-Jan-2023
Is adverse possession applicable on ancestral property?
This case concerned the adverse possession over agricultural land which was part of ancestral property. In this case, the Supreme Court stated that there could not be an adverse possession of ancestral or family property due to hostility between the members. 30-Jun-2022
Can a co owner claim adverse possession?
So, under the law, one co-owner can claim title through adverse possession, against another coowner who, of course can file appropriate suits including suit for joint ownership within the time prescribed by law. Govindammal v. R. Perumal Chettiar, (2006) 11 SCC 600. 09-Nov-2020
Imagine Ramesh has given his brother Suresh a house to live in in Delhi. Suresh Kumar has the right to sell the property after 12 years. If there is a dispute between Suresh and his brother, then the law will give Suresh possession. This is known as an adverse possession.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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