How to claim ownership on a property in which living for 75 years?

505 votes

I am giving my general explanation for adverse possession. you did not disclose about the details of the property whether it is ancestral or self acquired, from whom the property gone to your brother etc. if you give such specific details, i may able to give you specified answer.

The three reqirements of posession ,to make the posession adverse i.e continuity, publicity and notoriety(hostile animus)denying the title of the trueowner. But it must be by a outsider not by the copartioner. person claiming adverse posession has to show (a) on what date he came in to possession, (b) what was nature of his possession, (c) whether factum of possession was known to other party, (d)how long his possession has continued, and (e) his posession was open and undisturbed- Such possession must start with a wrongful dispossession of rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

Advocate S.Lakshmi Kanthan LawRato

979 votes

It is clear from your query that you are not the owner of the property, even if you stay in the property for 75 years, it is deemed that you have been given permission to occupy the property and that does not give you a right to claim the property as yours. You have no claim over the property.

Advocate Dhalapathy Vignesh Kumar LawRato

946 votes

You may claim title on the basis of adverse possession. You will need to have been paying all the taxes and electricity bills, sewerage charges, etc. for the past 12 years and require records of the same.

LawRato LawRato