Legal Question in Civil Litigation in India

Civil Rights

My grandfather purchased a house through registered sale deed and allowed the family of his deseaced brother to live in, they claimed ownership by adverse posession. What are the comments under law?

In all Govt. records the house is in the name of my grandfather who paid all the taxes, he gave this property alongwith other property to my father his only son by way of partition deed, after that the same is recorded in the name of my father and he paid the taxes etc.

The family of brother of my grandfather who were allowed to live in the house are claiming their right of wonership as they are in posession for long time and also by adverse possession.

Please advice me if their claims are acceptable under law and what are the provisions in law?


Asked on 3/04/09, 7:19 am

3 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Civil Rights

No their claims will not be acceptable. We suggest you to file a suit for eviction in the competent court.

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Answered on 3/08/09, 12:02 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Civil Rights

contact a local advocate

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Answered on 3/04/09, 7:29 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Civil Rights

If the family of his deceased brother had been living in the house by claiming their full ownership to the exlcusion of real owners like your father's family, they may be entitled to claim the property invoking law of adverse possession. However, if it can be established that their possession was 'permissive', then they cannot claim adverse possession. In that situation their status would be that of a 'licencee' and that may not change.

A lot will depend upon facts and circumstances of the case. It may be better to show your documents to a local counsel for advice.

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Answered on 3/04/09, 9:34 am


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