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Q.

Can a private apartment in a society be claimed by sibling as adverse possession

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0 2022-07-08T18:14:25+00:00

Hi buddy,

I want you to know that one can always attempt to claim but it’s hard to prove that the possession was adverse particularly if the property is owned by a member of the family.

Possession given to family members is generally considered natural and passively permissive even if a formal agreement isn’t signed or even if a witness to the verbal agreement doesn’t exist.

That’s why the burden to prove that the possession was actively adverse should be on the claimant. It can be hard to prove it in case the Court considers that the owner and possessor are close like siblings.

I advise you to reach out to a property lawyer to know more about the same.

Read more:

What is adverse possession?

How to prove adverse possession in India?

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