619+ Lawyers are online 
Lived in house for 50 years, can I file for adverse possession?
17-May-2023 (In Property Law)
My father gifted me a house in 1975. I have lived here since then, paid taxes on it, maintained it, renovated it. The will left both of us as heirs over 10 years ago. Now all of a sudden, My sister wants me to sell it. Selling would upend a lot of things for me. Can I file for squatters rights or adverse possession since she never had any involvement in the property?
hello client as a matter of fact you have described in your above query as you do not want to sell your house which ia been gifted to you by your parents soecially your father in this matter we are able to save your property to not to get sale do not worry we need to immidiately move to court fir your own safty in this matter your sistwr will nit be able to pressurise any more to get it sold out . as it a matter of parentel property we need some details to move futher.
Helpful?
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
CONTACT NOW
If the property has been gifted to you via gift deed and the same stands registered then the same belongs to you exclusively. Your sister can not seek her share in the same. However property docs need to be perused for better clarification.
Thanks
Thanks
Helpful?
Adv. Bhawana Pandey
Delhi | 500+ Answers
Chat
Did your father gift the property via registered gift deed? If not then everything in this regard is zero ..!
Secondly did your father leave any WILL ?
If not your sister n u are equal legal heirs n u can’t take any such adverse possession plea …
Secondly did your father leave any WILL ?
If not your sister n u are equal legal heirs n u can’t take any such adverse possession plea …
Helpful?
Adv. D. Khan
Delhi | 500+ Answers
Chat
In order to claim adverse possession there should be an “animus possidendi” that is a clear intention to possess.
If any communication in that regard exists i.e a letter or email or of there ever occurred an oral family settlement then adverse possession may be established.
The law states that adverse possession may be established only if you take the onus on yourself to prove it. An adverse possession may not simply be granted by occupying the property.
There are nuanced technicalities based on the facts, circumstances and communications for you to benefit from the said provision.
If any communication in that regard exists i.e a letter or email or of there ever occurred an oral family settlement then adverse possession may be established.
The law states that adverse possession may be established only if you take the onus on yourself to prove it. An adverse possession may not simply be granted by occupying the property.
There are nuanced technicalities based on the facts, circumstances and communications for you to benefit from the said provision.
Helpful?
Adv. Kunal Sinha
Delhi | 200+ Answers
CONTACT NOW
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
