Legal Question in Real Estate Law in India

Co-owners not interested.

All of my brothers & sisters have voluntarily abandoned the perantal property 20 years back , WHICH is now in my exclusive possessio since the said 20 years..There is also no communication amongst us on any matter whatsoever. Can I BECOME THE OWNER of the same


Asked on 10/09/08, 1:43 pm

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Co-owners not interested.

If such abandonment is by a duly registered document, then you become the owner.

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Answered on 10/10/08, 2:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Co-owners not interested.

Yes, there is every possibility of your becoming a full owner IF you write ALL OF THEM registered letters by informing that you have become full owner and that they do not have ANY RIGHT in the property. You need to repeat your assertion of ownership periodically till 12 years from the date of first declaration. After 12 years, if any of them file a suit for partition or possession, you can set up "adverse possession" as a defence. If you succeed in getting their suit dismissed and a decree is passed declaring you as the full owner, ONLY THEN you may become full owner.

Normally, there is no possibility to make you full owner of the property till any of the co-owners - your brothers/sisters or their children - are surviving. The legal principle is : ONCE A CO-OWNER ALWAYS A CO-OWNER. The number of years 20 or 200 will not affect their rights in any manner.

There no concept of "voluntary abandonment" of ancestral property. You may choose your options and gracefully admit the claim of your brothers and sisters as co-owners.

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Answered on 10/09/08, 8:15 pm


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