Is claiming ownership through adverse possession viable in this situation?
The property in question is an 80-square-yard house in Rasoolpura, Secunderabad, which was sold in 1988, but due to an unpaid balance, the previous owner's family continued residing there. Although the property title was transferred, no formal agreement was made regarding the pending payment. In 2024, the new owners' sons are seeking possession and have offered ₹10 lakh to vacate, even though the market value is around ₹80 lakh. The family has lived on the property for over 30 years, paying property taxes. We seek advice on the viability of claiming ownership through adverse possession, negotiating a fair settlement, and preparing for potential eviction actions. Please let me know if you're available for a consultation.
As this is a matter of adverse possession, the Limitation Act, 1963, provides that the family will have to prove that they have had continuous, hostile, and exclusive possession of that property for 12 years, which they claim to have done here. They have been occupying the same for 30 years and even paying property taxes over there. Settlement is advised as the amount offered is about ₹10 lakhs, whereas market value is many times high. If negotiation does not work out, and the eviction process continues, one should be ready to contest through adverse possession rights. An attorney well versed in law related to property can be consulted for proper guidance and representation.
Sir, your family may have a valid claim for adverse possession, as you have occupied the house for over 30 years, meeting the 12-year requirement. You must demonstrate that the occupation was adverse, uninterrupted, and without consent. It is advisable to negotiate a fair settlement and consult a lawyer for eviction defense. For further legal assistance contact us on our helpline number.
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