Property inheritance and adverse possesion


Hello I am looking for some advice on filing a case. Background: My Grandfather had a shop. He died 1988 without a will. Grandfather had 11 children 8 male and 3 female. Original paperwork of the property is not known and all 11 claim they are lost. My father had the possession of the shop since 1988 as he was running it. He closed the shop in 2001 as he wanted to retire. My father died in 2016 which left the shop to me and my mother. None of my father's siblings are in talking terms, some have moved abroad and some have died. No negotiation is possible as there are too many parties involved now. No legal case has been filed by any sibling for the property. Query: 1. Can I file a case in the court to get me ownership of the property based on adverse possession as we have possession for over 12 years? a. What will be the process to do this? b. What are the risks of doing this, as I don't want to lose the property. 2. If i cannot claim under adverse possession what will b

Answers (3)


247 votes

Adverse possession may favour you and your mother in these circumstances. A careful perusal of the title record of the property is pertinent and necessary. Further and better particulars are needed for an effective opinion.


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189 votes

hello client as your father died in 2016 you are the only son holding the position that property at present .

as per the judgement of Supreme Court yes you can claim the right of ownership in that shop but as well as other things also bit to be seen in the

we need to file a case as per the value of the shop in the competent court giving order that you are the owner of the property now

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287 votes

Hello I have perused your query. In these circumstances if the property is ancestral and your grandfather died intestate then the said property will be inherited equally by his class one legal heirs. If the siblings are now not in talking terms and your father had the possession since 1988 then by adverse possession you can claim the property.

You can register the property in your name and mutate the same in your name.

For further information feel free to contact me

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