Adverse possession means a possession adverse to the real owner. When a person occupies the property and enjoys the same denying the right of the actual owner, it is called adverse possession, and it leads to perfection of the title of the possessor as an owner if the real owner misses out timely action.
Essential elements of adverse possession:
- Possession is hostile to the real owner. The claimant denies the right of the actual owner.
- Possession is for a long period, i.e. statutory period.
- Possession must be actual, uninterrupted, continuous and exclusive.
- Possession must be public. A real owner must know that the property is occupied by someone rejecting his title.
Case of brother and sister:
In law, one co-owner/co-heir represents all other co-owners/co-heirs. Possession by one co-heir is presumed to be possession by all and is considered as permissive possession.
In the case of co-owners / co-heirs, it is not sufficient to show that the possession by one co-heir is continuous, public and long. It has to be further shown that the co-heir who is the claimant has ousted the other one.
A case of adverse possession between brother and a sister is a case of adverse possession between co-heirs.
In such cases, the plea of adverse possession will succeed if there is:
- an open assertion by one co-heir (sister) of her title hostile to her brother
- exclusive possession and enjoyment of the property in a manner which can constitute the ouster of the brother
- brother must know that he has been ousted.
What constitutes ouster?
It depends on the facts of each case. Broadly speaking, three things are required-
- An open declaration of hostility by one co-heir towards the other. The sister must not acknowledge the title/right of her brother.
- Continuous, uninterrupted and prolonged usage of the property
- Exercising her right of exclusive ownership to the knowledge of her brother
All the elements must co-exist. Once they co-exist and if the brother does not take timely action, the sister will perfect her title through adverse possession.
Rights of brother:
Plea of adverse possession has to be established with convincing evidence. The onus is heavy on the claimant to prove the same. It is not easy for a co-owner (sister) to show adverse possession as brother is one co-owner/co-heir.
However, the brother can file a suit for partition of the property or seek joint possession, based on his title. Some important points are:
- The actual owner has to show that he never abandoned the property. The documents establishing his connection with the property are crucial.
- He can beat the claim of illegal possession by showing that:
- Prescribed duration of adverse possession not completed
- Possession is not exclusive
- Possession is not hostile as the claimant never indicated so.
It is always better to have a written agreement/family settlement with the co-heirs regarding the property.
Are you looking for the best civil lawyers in Dwarka, Delhi?
Connect with RR Legal Partners.
We offer experienced civil lawyers for to file or defend cases relating to family matters, matrimonial matters, employment matters, recovery cases and property matters or any issues falling under the provision of civil law.
For more details visit our website.
Being haunted by jinn possession is a terrifying experience.
In the case of jinn possession, people often find themselves mystified and confused, wondering who or what is causing this attack on their personal space.
We help in Jinn Possession Removal by Ruqya Treatment providing the best services of Ruqya.
Welcome to :- TheliliumDISCLAIMERDeveloper: Singhaiyi Huajiang Amber Pte Ltd • Company Registration Number : 201733651N • Developer’s Licence No: C1312 • Tenure of Land: Estate in Fee Simple (Freehold) • Expected Date of Vacant Possession: 31 December 2021 • Expected Date of Legal Completion: 31 December 2024 • Lot & Mukim No.
: MK24-5780W • Encumbrances: Oversea-Chinese Banking Corporation Limited While every reasonable care has been taken in preparing this brochure, the developer and its agent cannot be held responsible for any inaccuracies.
All statements, specifications and plans are believed to be correct but are not regarded as statements or representations of fact.
All information and specifications are current at the time of print and are subject to change as may be required and cannot form part of the contract.
Renderings and illustrations are artist’s impressions only and photograph’s are only decor suggestions and do not necessarily represent as-built standard specifications and none can be regarded as representations of fact.
The materials and finishing to be used are subject to changes and availability.
Looking for pre-leased Commercial Properties in Gurgaon location with the high rental?
Neo Developers is here from many years and provides the best and safe commercial investment in Delhi NCR.
Neo Developers is a trusted real estate company and provides commercial properties with high-end facilities and best returns in Gurgaon.
We are going to give possession here the greatest mall Neo Square on Dwarka Expressway Sector 109 Gurgaon.
Neo Square Sector 109 Gurgaon provides the latest technology and unique commercial spaces like Office Space, Retail Shops, Multiplex, Food Court, Entertainment zone and Restaurant at the best offer.
Neo Square Mall Dwarka Expressway gives unmatched amenities, Gold Class Theatres and Opulent Lounge, Wide walkways within the campus with full luxury lifestyle facilities.
