Legal Question in Real Estate Law in India
Art. 64 limitation act 1963.
My parents died 15 years back intestate.There is no communication amongest the children since then. I M ALONE STAYING IN my father's owned house & PAYING ALL TAXEX ETC. Now I M MADE 2 understand that some of my brothers & sisters have become interested in the property.I received the communication indirectly through other relative.I took the advise from a lawyer who informed me that the plea of adverse possession under art. 65 will NOT work among co-owners.However, despite being legal-heirs my brothers & sisters if sue me their suit will be instead barred by art. 64 of the law of limitations which requires the plaintiff 2 show that the plaintiff WHILE in possession of the suit property has been dispossed 4 a period which is more than 12 years from the filling of the suit.That is the plaintiff must prove that he was in possession 12 years earlier than the date of filling of the suit.Is that correct?
3 Answers from Attorneys
Re: Art. 64 limitation act 1963.
Aspect of limitation needs to be looked into with reference to pleadings.
Re: Art. 64 limitation act 1963.
your lawyer was right!
Re: Art. 64 limitation act 1963.
No. They do not need to prove that they have been dispossession. In law they are already in possession which is called "constructive possession" because your possession is also possession of their behalf. Legally speaking, you are in possession of the property on behalf of all the legal heirs. As you have rightly understood, there is no adverse possession against co-owners. Therefore, there is no limitation for them to seek possession.
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