Legal Question in Real Estate Law in India

ownership by adverse possessio

this pertains to ppty in maharashtra.the plot owned by a lady &purchsed by my brother for Rs.2750000/- in1991.(undetaking on plain ppr.)constucted (on labour contract &pool contribution)a bldg.with 6 apartments occupied by his relatives for last13yrs. all plans are approved-assessement taxreceipts -electrcity billsare being issuedin their name.The land lady (in1993.)my brother(in 2002) (purchaser)expired. no heirs have come forward with any claim for last 13 yrs.On ppty card land-lady's name is still there.Is this A ADVERSE POSSESSION? ifis it possible to claim ownership legally?how?


Asked on 3/23/09, 8:40 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: ownership by adverse possessio

Your facts are insufficient and unclear. Your brother's legal heirs may be entitled to inherit him and step into his shoes; whereas the lady's heirs may not claim since she had already sold the property.

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Answered on 3/23/09, 12:59 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: ownership by adverse possessio

Difficult to claim adverse possession as possession appears permissive.

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Answered on 3/24/09, 1:51 am


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