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4 months ago
My elder widow sister purchased a plot and built a house .she expired in 2015 and she has one son s only one unmarried son also expired in 2018 his husband also expired in 1979 .My sister has 3 sister exclude she and 3 brother .Her husband has 2 brother and 1 sister but all of them expired .I performed the last rites of my sister and nephew and did other work.Now house possesion is in my custody .Can I sell that house ?
A.Dear Client,
Without a valid document confirming ownership, you cannot sell the property. Adverse possession, a legal concept allowing ownership claims through continuous, hostile possession, requires uninterrupted possession for the entire statutory limitation period. The limitation period is 12 years for a claim based on previous possession (Article 64 of the Limitation Act, 1963) and also for a suit for possession based on title (Article 65). If a possession claim isn't filed within this timeframe, the owner's rights extinguish, and the possessor gains ownership. To assert ownership through adverse possession, you may need to wait 12 years and then file a civil suit. Consult with a lawyer for guidance and actions.
Thankyou
Without a valid document confirming ownership, you cannot sell the property. Adverse possession, a legal concept allowing ownership claims through continuous, hostile possession, requires uninterrupted possession for the entire statutory limitation period. The limitation period is 12 years for a claim based on previous possession (Article 64 of the Limitation Act, 1963) and also for a suit for possession based on title (Article 65). If a possession claim isn't filed within this timeframe, the owner's rights extinguish, and the possessor gains ownership. To assert ownership through adverse possession, you may need to wait 12 years and then file a civil suit. Consult with a lawyer for guidance and actions.
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A.Dear Client,
In the absence of a valid document conferring the ownership right of the said property, you cannot dispose of or sell that property to anybody. However, it may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. So, you have to wait for 12 years to file a civil suit under Article 64 of the Limitation Act before the Civil Court claiming ownership of the property based on adverse possession. Reach out to an Advocate for guidance and steps.
In the absence of a valid document conferring the ownership right of the said property, you cannot dispose of or sell that property to anybody. However, it may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. So, you have to wait for 12 years to file a civil suit under Article 64 of the Limitation Act before the Civil Court claiming ownership of the property based on adverse possession. Reach out to an Advocate for guidance and steps.
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