Legal Question in Real Estate Law in India

Hi.wanted to know if adverse possession can b claimed with the owner staying at the same house? N if the owner never had any with the stay of the claimants? N the claimant being the eldest son of the owner?


Asked on 9/21/13, 12:19 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.09.2013

Dear Sir / Madam,

When the Owner himself / herself is residing in his own house, the question of adverse possession does not arise.

If the Owner must have leased out the Office / shop / apartment / flat / premises, in the event the Owner is not traceable, his / her legal heirs step into the Owner's shoes and they have a valid claim thereto.

If the Claimant is the son of the Owner, the title of the property only gets transferred with the consent of the Owner.

Regards,

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Answered on 9/21/13, 12:24 am


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