My friend has a joint grandfather's property.His grandfather had three sons, two of them doesnt stays from the last 70 years in the property and one of them stays here(my friend's father) with his family from the last 70 years.The entire property is in his under control and even he pays the property tax,the mutation,electric meter bills which are as well also in his name.He also take cares of the maintenance and renovation works of the property .He has even renovated the property according to his own lifestyle needs like fixing irons gates,boundary walls and grills,building bathrooms and kitchens etc.During the entire process of renovation the rest of the two brothers didnt filed for objection nor they raised any voice although they knew everything about this overall situation or condition.He has all the custody of all legal papers of property. Does this situation comes under adverse possession limitation Act 1963 7 August and 26 September 2019?Can my friend's father file for the ownership for the entire property?what will be the legal procedures that he will have to do for applying and as well as taking the ownership for the entire property?
Your friends father doesn't have ownership of the complete property the other two brothers have equal share in the property. Also he has not possessed the property against the will of two other owners adverse possession on such joint property cannot be claimed. They can file suit for partition of the property.
NO. Co-sharer is in possession of the entire property, his possession cannot be deemed to be adverse for other co-sharers unless there has been an ouster of other co-sharers. Long and continuous possession by itself, it is trite, would not constitute adverse possession.
To claim ownership, he have to prove, his hostile possession and not permitted brothers to enter in the property at least from last 12 years.
You cannot claim adverse possession against family members
2) possession of one is possession of all
3) he would not be owner of entire property
4) adverse possession can only be claimed as defence . It has to be proved you are in open, hostile, uninterrupted possession of the property for over 12 years
This property belonged to your friend's grandfather.
Upon his intestate death the same devolved equally on all his legal heirs.
Hence the other brothers of your friend's father have rights over this property towards their legitimate share in the property.
Even though your friend and his family are residing in the same property for over 7 decades, they cannot claim ownership for the entire property.
A partition suit can be filed at anytime, it is not barred by limitation. hence before trying to acquire the entire proeprty, let them first get a registered release deed from his brothers relinquishing their rights in the property after which they will become absolute owners with clear and marketable title to the property.
Law of Adverse possession will not operate in this situation.
1. No, the stated situation does not come yet under the purview of adverse possession.
2. If your friend occupies the share of the other legal heirs for a period or 12 years against the expressed objection of the said legal heirs, then only it will be called as adverse possession.
- Under Adverse possession , the claimant must occupy the property for the full statutory period of limitation by knowing fully well that he/she does not have any legal right to occupy that property, i.e. The intention of the trespasser must be to acquire title to the property by adverse possession against the true owner.
- Since, the said property is joint grandfathers property, and out of three sons, one is occupied the same for the last 70 years, due to having legal right , hence other two sons are also having legal right.
- Hence, your friends father cannot file for the ownership of entire property , as the said case is not maintainable .
No, in ancestors property it can't be taken as adverse position by law. If it's HUF property than it can be partition.
No it doesn't come under adverse possession
1. Irrespective of Physical Possession /Maintenance etc.... ALL the Three Sons, have equal right /claim on the Property, without any further legal reference. Here physical possession will not give any specific or global rights on the property to one person. Adverse possession criteria shall not be applicable in this matter.
2. Person can execute a registered "Family Settlement Deed", for all the properties, with mutual & joint signatures of all the three Sons, with strategic clauses, wherein other two Sons, can perpetually relinquish all their claims /rights /title to the person.
He cannot file case claiming ownership of entire property, more particularly claiming "Adverse Possession" against co-owners.
Possession one co-owner is possession of all the co-owners, other owners need be holding physical possession.
In order to claim Adverse possession, he has to prove that he has been in possession of the property for continuous period of 12 uninterruptedly. It is only a defence against co-owner but, it cannot give right to file case / claiming ownership of entire property.
The possession of the family property by a member by of the family cannot be adverse to the other members but must be held to be on behalf of himself and other members. The possession of one, therefore, is the possession of all.
1. No this situation cannot be covered under adverse possession because if one of legal heirs have possession of property then he will be considered as custodian of property.
2. He should file declaratory suit on ground of mutation records which is on name of your friend's father.
