Legal Question in Real Estate Law in India

If i am correct?

(1) My parents have been occupying the house since 25 years openly, unintruptedly,hostilely,adversly,adequately & continuously well to the knowledge of everybody & anybody .The total period of the holding of the house by my father & mother together exceeds the min. 12 years under limitations law.Parents are now demised & I AM IN POSSESSION SINCE THE LAST 4 YEARS.Now, kindly tell if my parents have become the owner of the said house by way of Adverse Possession long back? (2)Even otherwise can I add on the period of holding of my parents to my period of holding of the property to make it more than 12 years because I being DEFENDANT can add on to the period of my possession, the possession of my predecessor-in-interest & thus has perfected the title on the basis of adverse possession & 7 limitation.?


Asked on 9/25/07, 3:10 am

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: If i am correct?

Your case needs an extensive examination of the papers.

Please contact alongwith the details.

Professional charges are applicable.

Thanks

Read more
Answered on 9/25/07, 8:15 am
Alok Sharma Alok Sharma & Associates

Re: If i am correct?

To reply your question i would like to know as to how and in what capacity your parents entered in to the premises and who are the actual owners and where they are and further if there is any litigation pending in respect of the premises. all these will have bearing on your case.

Read more
Answered on 9/25/07, 9:41 am

Re: If i am correct?

How and what capacity your parents were in possession of premises? Details are missing. Contact with details.Professional charges are applicable.

Read more
Answered on 9/25/07, 1:14 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: If i am correct?

In case of claim of title by adverse possession through succession, all the heirs of your parents would be entitled. If you alone want to claim title by adverse possession, then your limitation would start from date of your possession. Be clear that claims based on adverse possession are not strong and strict proof required is not available in most of the cases.

Read more
Answered on 9/26/07, 1:40 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India