Asked January 10, 2017

Property- Legal questions

  • 1 Answer

We had partition of our house property in 1990 and brother (A) family are in possession of the property allotted in partition in 1990 with seperate gate.Son(A) died on 25th feb 2005 & mother(C) had inherited share in predeceased son property with A’s widow & two children & according to my understanding mother’s share in son A’s property will be 1/4. Mother died on 20 jan.2007. she did not file petition for possession/partition during her life time against brother(A).I am one of the legal heirs of mother & I as brother(B) can claim share in brother(A) property since mother(C) had died & brother (B) being mother’s (C) successor.When statutary provision of 12 years time of adverse posession against me(B) would run out to claim mother(C) inherited share in predecesed son(A)property. Sir, my question is what will be the starting date of adverse possession against me(B). Will it be from the date my brother(A) died or from the date my mother(C) died. Will the 12 year period be counted from my brother’s(A) death or from the date of mother’s (C) death.I do need citations. Kindly provide citations,without citation my problem will not be solved. As far I have studied, it will come under article 65 of the limitation Act and explanation for the purpose a,b,c will not be applicable to my understanding. You may refer to Parvathy Thilagam vs Rengasamy Nadar(Died) on 23 August, 2016 in which “Chinnammal till her death on 16.01.1985 and thereby they prescribed title adverse possession. Chinnammal lost her right in the property.” I hope I have written correctly.

Answer 1

For the purpose of this answer it is required to know that how long you have been staying in the said property however one of the recent Supreme Court judgements says that the law of adverse possession in itself is a bad law. Technically you are legal heir to your mother and not your brother so you can inherit from her. It has been only 10 years from your mother’s death so question of adverse possession does not arise. In the case of State of Haryana v.s Mukesh Kumar and Others , the apex court held that “adverse possession allows a trespasser guilty for a tort or even a crime in the eyes of law, to gain legal title to property which has been illegally possessed for 12 years.” The Apex Court asserted that how 12 years of illegality can suddenly be converted to a legal title is logically and morally speaking, baffling. The said citation provided by you is also against the doctrine of adverse possession. Based on various case laws it is safe to say that, adverse possession depends on the facts and circumstances of every case.
Agree Comment 0 Agrees almost 5 years ago

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