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Property in my father's name can his brother claim the same?


25-Jan-2023 (In Property Law)

My father has a property purchased by him in 1974 in his & his mothers name in Delhi. joint family of 3 brothers was living in that house.till 2000 all brothers moved & shifted to there houses but one uncle & his family stayed back because they were financially weak. And then in 2007 they also shifted to faridabad & rented 3 rooms in that property & now they refuse to vacate this property. My question is : Can they claim that delhi property is theirs using adverse possession clause bcoz my father had shifted frm there in 1990 & my grandmother died in 2005 ( she was staying with us).

Answers (3)

Answer #1
824 votes
No he cant claim in that property.

Answer #2
732 votes
The law of adverse possession provides that for any person to establish claim on a property on grounds of adverse possession has to show that such person has been in possession/occupation of the property by asserting claims on the said property against/to the exclusion of and with the knowledge of the actual owners for a period of 12 years and above.

The owner of the property may file an appropriate suit to get the property vacated.

There are several other matters that may require to be studied before a conclusive opinion may be arrived at. Consultation advised.
Answer #3
526 votes
Adverse possession cannot be claimed and the period of 12 years starts from the date on which your uncle would have for the first time claimed ownership. As far as his title is concerned , we would require some additional information like, whether your grandfather had a will, was there any family settlement etc Kindly contact for conclusive advise.

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