- As per Supreme court Judgment, 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 has to prove that his occupancy of the property has been uninterrupted for the entire period. You cannot break the period into halves.
- 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, adverse possession not applied within family members , whether the land was encroached for a period of more than 12 years or any long period.
- Since, there is already owner in possession of the property , and hence you cannot claim the ownership on the ground of adverse possession.
- Hence, you should firstly enquire whether the deceased aunt was the owner of the property or not , if not then you can claim the ownership.