Declaring himself as owner of the property on the basis of adverse possession of the land belonging to his co-sharer has to prove his title by adverse possession by specifically pleading and proving the complete ouster of the co-sharer.

Permissive possession dose not grant adverse possession. File suit for recovery of possession and injunction.  

Y cannot claim adverse possession against family member 

possession of one is regarded as possession of all 

file suit for partition for division of property by metes and bounds 

File a suit for declaration and possession and obtain stay with the help of local lawyer.  When the suit is subjudice, Y cannot claim the whole land and cannot take undue favor being in police.

- As per Supreme court Judgement, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property.  The prescribed period in case of for government-owned properties is 30 years.

+ Further to claim his ownership, this squatter (Y) has to prove that his occupancy of the property has been uninterrupted for the entire period. 

- Further, he will also have to prove that he has been the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.

- Further, the squatter (Y) will also have to let his intentions known to the owner(X) , with an element of hostility into his action. Starting reconstruction work, for instance, would amount to a squatter's attempt to claim ownership. 

- Further, an adverse possession cannot take place in case the original owner is minor, or of unsound mind, or is serving in the armed forces.

- Since, both are joint partner i.e. owner of the land , hence Y cannot claim ownership on the ground of adverse possession . 

- Further, as the X is an ex-servicemen , hence also Y cannot touch his share by way of any act , whether adverse possession . 

- Send a legal notice to partition of the said land , if refused , then file a suit for Partition before the court. 

Good luck and dont forget to rating Positively. 

As per the law no one can take land of person serving in the Army or Defense services. So the Adverse position will be not applicable for it.

Oral claim is not maintainable. Any one who wish to claim has to file before the court of law submitting all relevant documents to claim ADVERSE possession over a particular land.

Y will have to file a suit for a declaration that he is absolute owner of land on basis of adverse possession

conversely if X files a suit against Y for X's share, then Y will take defense of adverse possession 

matter has to be decided by Court now

1. It appears both of them own this plot jointly by a single deed of sale. 

2. If that is so then both x and y are co sharer of this land. 

3. . Though technically adverse possession applies to joint property, the parameter are very strict. 

4. In other words your brother has no case for adverse possession and you without further delay file a suit for partition and injunction. 

Do waste time anymore. 

Y is not in a position to claim Adverse possession.

X should file a suit for partition and declaration. 

It will depend on merits as adverse possession is a matter of fact to be proved and is dependent on many factors

1. See X can file a suit for partition and possession of his share, firstly they are joint owners of property so X may claim permissive possession secondly X is ex service man and for limitation he may take defence of same.

Dear Sir,

It is not clear whether X was also possession of his any portion of land. If so Y cannot claim adverse possession. The principle of adverse possession not applicable to co-ownership and against co-shareres. Please see.

Protest within 12 years or lose property to squatter

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ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.

If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.

A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.

However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.

This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.

Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”

No, Y cannot claim adverse possession of land against X.

Both X & Y are co-owners, i.e., possession of one co-owner  is treated as the possession of the other co-owner.

If Y does any thing against interest of X, X after giving notice for partition of property, he can file suit for partition.

File a declaration suit for declaring the ownership 

If they both the property jointly then they both are entitled to an equal share in the landed property.

If one resorts to grab the property of another for some reason, then the affected person can approach court with a partition suit to partition the property and to allot you  with your rightful share with separate possession.

Dear Sir,

The ingredients required for adverse possession are not fulfilled. For claiming adverse possession Y should have been holding the land against the real owner with an intention to claim ownership. Here Y was holding land in his capacity as a joint owner.  

Therefore Y cannot claim adverse possession over whole land. 

Nothing to worry if you have raised your objection now.

There can be no adverse possession if both had ownership rights of the land and they both knew it. Once a party encroached upon the property of the other party then the limitation period starts.

1. Plea of adverse possession is easy to take but difficult to prove.

2. It is not clear from your query whether Y has taken plea of adverse possession in defence or he has sought declaration as a plaintiff.

You can file a ownership suit in court to officially declare that you are the co owner of said property. 

File suit for declaration of title.

X cannot claim the land by adverse possession as both of them are co-owner of land and if property is under possession of one co-owner then he is only custodian of share of other coowner.