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What are the rules related to Adverse Possession
25-Dec-2023 (In Property Law)
Son died on 25th feb 2005. Mother had inherited share in predeceased son property.Mother died on 20 jan.2007. I as brother can claim share in brother property.When statutary provision of 12 years time of adverse posession would run out in my case to claim by mother inherited share in predecesed son property. Would I be entited to fresh start after the death of mother regarding this 12 years period of adverse possession which can be become adverse to plaintiff(me)
Dear sir,
from the facts that you have stated, it appears that you have inherited a share from your mother. are there any other legal heirs of the property?
Also whom are you claiming adverse possession against?
Unless you share these facts, it's difficult to give an answer.
Thanks
from the facts that you have stated, it appears that you have inherited a share from your mother. are there any other legal heirs of the property?
Also whom are you claiming adverse possession against?
Unless you share these facts, it's difficult to give an answer.
Thanks
Helpful?
11+
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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You should be very much clear that adverse possession will not make your owner of the property until you will claim it well before coming to the conclusion I advise you to consult a local advocate along with relevant documents
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Adv. Siddharth Dev
Delhi | 200+ Answers
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Hi,
First of all if there is no legal heir to the deceased women and you are the next closest relationship they have you can simply file a suit for declaration and get the property in your name. In that case you dont have to wait for that statutory period of adverse possession.
Secondly the period for adverse possession starts from the death of the deceased woman being the owner/successor of the property.
Thirdly there is no guarantee that even after the statutory period of adverse possession is over you will be legally entitled to the property as it always depends on the discretion of the court followed by the case which you have to prove without reasonable doubts.
So my suggession is instead of going for an adverse possession suit its better to go for suit for decleration.
First of all if there is no legal heir to the deceased women and you are the next closest relationship they have you can simply file a suit for declaration and get the property in your name. In that case you dont have to wait for that statutory period of adverse possession.
Secondly the period for adverse possession starts from the death of the deceased woman being the owner/successor of the property.
Thirdly there is no guarantee that even after the statutory period of adverse possession is over you will be legally entitled to the property as it always depends on the discretion of the court followed by the case which you have to prove without reasonable doubts.
So my suggession is instead of going for an adverse possession suit its better to go for suit for decleration.
Helpful?
20+
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Adv. Arpit Maheshwari
Delhi | 25+ Answers
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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.
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