Legal Question in Real Estate Law in India

what is this?

Is it possible to raise the plea of Adverse possessions against own real brothers & sisters 4 a perantal property( parents since no more alive)I being in uniterepted, notorious, hostile possession of the property since 20 yrs.?


Asked on 4/16/08, 11:34 pm

4 Answers from Attorneys
Deepak kumar

Re: what is this?

Law permits alternate please, which are not mutually destructive, therefore you should take all possible alternate defences available.

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Answered on 4/16/08, 11:41 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: what is this?

Plea of adverse possession against co-owners is not maintainable.

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Answered on 4/17/08, 12:02 am
Vivek Mapara Vivek N. Mapara

Re: what is this?

It is difficult to claim adverse possession against the co-owners. It is presumed that possession of one co-owner is the possession of all other co-owners. So to claim adverse possession you have to prove the ouster of other co-owners continously for the period of 12 years.

Feel free to COntact

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Answered on 4/17/08, 6:13 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: what is this?

Please contact personally alongwith the details.

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Answered on 4/20/08, 2:11 am


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