Legal Question in Real Estate Law in India
property held in possession of a person
Can a person who is holding a property for past 12 years claim his right on the same property if there are no legal documents supporting the possession of the property by the person?
3 Answers from Attorneys
Re: property held in possession of a person
There is propositin of law called Title by Prescription. That basically require possession and enjoyment of an immovable property as owner thereof to the knowledge of real owner continuously for a period of 12 years or more.
If your case satisfy this basic requirement, then other criterias can be looked into.
Re: property held in possession of a person
You are talking about the concept of Adverse Possession. This concept would work provided for the past 12 years there has been no interference from the actual owner on the said property, that is he has not cared for his property for the past 12 years. You can claim to the property provided you establish to the fact that you were in possession of the property without the intereference of the owner for the past 12 years and provide evidence to that fact that you have been taking care of the basic faclitites in respect of the said property.
Re: property held in possession of a person
In my opinion yes you can claim the property by adverse posession if you are in uninterrupted posession of the property for more than 12 years provided that you are not a tenant,lessee or licencee of another person.