Sir, My father run saw mill on land in 1994 after that in 2010 build house on it. After that my father got expired in 2016. After that one person came to us that this land belongs to us and this land belongs to him. On query we got to that he is co sharer of land and area in which we are living and all the house which are built near to us on land is not demarcated and they only get share rights of land means only share is transferred and land was not demarcated. And co- sharer have dispute between them over demarcation and on co- sharer have pledged some portion of land to bank. And I got summon from civil court that suit has been filled against you by that co-sharer. Kindly advise me that Can co-sharer filled case against me without the consent of other co-sharer? Can we go for adverse possession? What are the documents required for adverse possession? On summon name was written was different i.e my father's name was written as sham in place of surjit Land was never rented to us Kindly provide me the solution in detail I shall be very thankful
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co sharer can file suit without consent of other co sharer
2) if you are tenant you cannot claim adverse possession
3) if you are not tenant you can claim adverse possession if you are in open , hostile , uninterrupted possession for over 12 years
4) in your reply claim defence of adverse possession
Adverse possession is only possible when the possession becomes hostile even after notice to the other side from you
1. Co sharer does not require any permission of other co sharer for filing suit in respect of property.
2. Applicability of adverse possession depends upon facts of the case. However, in given circumstances being co-sharer this principle of adverse possession does not have applicability.
3. Continuous possession.
Since father is deceased hence case cannot be filed against father. Secondly name is also not correct hence summon is not correct. Donot accept summon. Details required to suggest further.
Yes he can file the suit without the consent of other cosharers.
You cannot claim title by adverse possession if you were a tenant in that land.
the concept of Adverse Possession mean that a trespasser or a stranger who comes into possession of the land must be in exclusive and continuous possession and without interruption for a certain period of time typically 12 to 30 consecutive years depending upon the classification of ownership
It is advisable that you participate in the case to avoid the plaintiff to get an exparte decision against you.
- 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.
• 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.
• 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.
- Since, the said land is in use and occupation of you for last 29 years continuously then you can claim that property on the ground of adverse possession.
- However, the co-sharer can file the case without the consent of other shares.
- You should produce the proofs of living and constructing the said house from 1994 to till date for proving your possession in the property.
Dear Client,
Yes, an individual can file the suit without the consent of other co-sharers.
You cannot claim ownership by adverse possession if you were a tenant on that land.
Adverse Possession refers to the concept where a trespasser or a stranger takes exclusive and continuous possession of the land without interruption for a certain period, typically 12 to 30 consecutive years, depending on the classification of ownership.
To prevent the plaintiff from obtaining an ex-parte decision against you, it is advisable to participate in the case.
