Legal Question in Real Estate Law in India
is that possible?
I single handedly fought the case of my perantal property as a defendant. some of my brothers & sisters were also defendants in the said suit. they have not participated & were proceed ex- party by the court. My other brother & sister were called as witnesses & they also refused to depose any thing & also stayed away from the proceedings. Thus none of the legal heirs participated in the proceedings, Except me, despite having full knowledge & remained aloof from the case. ALL THROUGH these 20 years the property has been in my possession. the case related 2 the ownership of the property. Court has now after 20 years has decried that the suit property belongs 2 my father & he is the sole owner. Now, my other sisters & brothers claim their shares as legal heirs of my father despite the fact that they have done nothing 2 protect father's property.What should b my defence 2 keep them away from the fruits of the property 2 which they remained mock spectators throughout these 20 years . No will has been left by my father. CAN i RAISE a plea of adverse possession against them in view of the above facts. they have already send me a notice 2 that effect.
3 Answers from Attorneys
Re: is that possible?
as your father has not left any will in favour of you, u can not claim the entire property as the property needs to be divided equally among all the legal heirs despite the fact they did nothing to protect the properties in the earlier case as defendants. the nature of property is ancestral. you may call upon me in case u require further clarification as my suggestion is based only upon ur brief. u may call at 9811284735, delhi
Re: is that possible?
Adverse possession is not possible against the co-owners.
Re: is that possible?
In law they are all entitled to their share and you cannot keep them away from the fruits of this litigation.
The plea of 'adverse possession' is not available to you against co-owners.
all the legal heirs of your father will inherit in accordance with the law of succession.
You are ONLY entitled to recover the proportionate costs incurred by you on litigation and that too only by first raising a demand upon them. If you do not make a demand, they are not required to pay you anything.
If despite demand and disclosure of true and proper accounts, they refuse to pay you their part of the costs, you can maintain your lien/charge over the property.
Much of your language depicts your anger and annoyance over their non-cooperation in litigation. Please do not forget that what they have done is quite natural in society. Some people are fighters like you and some are silent spectators like them; but the law of inheritance does not discriminate.
You should not forget that property belongs to the "father" and not to you personally. You are also just inheriting like them. It is a different issue that you continued the fight, but the victory belong to all.
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