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EMy grandfather has been living in a house owned by an old lady from 1980 on the condition of no rent, only taking care of her in return. There was never a rental agreement and no rent receipts. She passed away in 1990 and since than our family has been living in that house on our own. She did not have any legal heir. The electricity and water bills are still under her name. We have been maintaining the property since 1980 including paying all the bills. Now, since last 5 years, my grandfather has passed away too and one of her distant relatives has been frequently coming asking us to vacate the house. We have no other place to go. He has not produced any legal documents yet.
My request to the community here is to help us with:
1. Can we claim legal ownership of the property? If so, how?
2. If we enter a settlement with the distant relative, on what basis can we defend our possession?Thank you in advance
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APlease be aware that the concept of adverse possession is nuanced. Mere possession of property is not enough . It must also be well known and adversarial to the interest of the legal owner. The fact that the lady herself allowed your grandfather to stay and the bills are still in her name will not be helpful to your case. You essentially have to show you publicly treated the property as being owned by you and the legal owner accepted that and did nothing to dispossess you for 12 years or more.
Gather all the documents you have and discuss with a lawyer in person.
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C+1
best is not to disclose that your grandfather was a caretaker or dispute it if they bring it up. State that initially rent was paid but your grandfather stopped paying and the possession has been adverse since decades.
I don’t know what you have already told the guys who visited you, but going forward don’t engage with them or discuss how you got possession or maintain the stand that it’s been adverse since before the owner passed away. Don’t take the stand that your were taking care of her or were a caretaker etc. or that she allowed you to stay rent free in lieu of grandfather taking care of her etc. It will all boil down to what evidence is being led.
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ABeing a tenant would show the possession started with the permission of the owner. I am not sure whether the claim of stopping rent payment will in itself be enough to establish adverse possession. Some factors that may help the OP:
Major repairs, renovation or construction was carried out and paid for by OP’s family without any involvement of the person claiming to be heir
OP’s neighbours give affidavits saying that as far as they know the property has been owned by OP’s family
Some govt records showing OP’s family as being in de facto control of the property
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YSeeking advice on how to steal a dead woman’s house after squatting for 45 years without any legal claim or rent—what a shameless move!
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PUsually would have agreed with you , but to claim that distant relative has absolutely moral authority to claim this property over OP without a will is a bit dicey situation.
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CI don’t know if you are a lawyer, but when someone is seeking legal advice, lawyers have have to give ‘legal advice ‘ and should not go into morality of the actions of the client. Well, I personally don’t like sqatters as I am a landlord myself, but this will not stop me from advising tenants on how to protect themselves from eviction, if they have grounds for the same.
Unfortunately that’s what I signed up for when I joined this profession.
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RKnowing the property isn’t yours and you haven’t paid for it, why do you want to claim legal ownership of the property?
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ABecause the law allows him to ? But OP has a long legal battle and heavy burden of proof if he chooses this route. It is going to come down to the evidence the two parties present, but if it is inconclusive, the legal status quo would generally prevail.
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RWhat law allows him to?
Do you know of any law that can ask the dead owner if this was adverse possession?
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ALimitation Act of 1963.
The adverse possession can start after the original owner’s death. It needs to be proved for a period of 12 years only . So, testimony from the dead may not be required.
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RIn that period, possession was not adverse but of free will of the dead owner.
Adverse possession just doesn’t apply.
Again, what law allows him to claim ownership?
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AThe court will decide whether it applies or not. There is a prima facie case because the heir made no claim on the property for decades, but maybe the OP will not be able to prove all the other elements. I don’t know the actual facts or the evidence that will be presented, but , as I already told you , the case will be decided under the Limitation Act. The Constitution allows him to seek any legal remedy he is entitled to. It doesn’t necessarily mean he will get what he wants, but it is entirely up to him if he wants to try.
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BBhai it’s really complicated, had the relatives showed up within 5-10 years “ on the premise that they didn’t know about the death of the lady l would have sided with the relative, but they were not even there to take care of her not even her last rights,I would say the relative is vulturing on the property rather then OPs family, these are my views –
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RLet me ask you a hypothetical question. Say you get to know of an old neglected bungalow owned by someone long gone and no relatives have claimed the property. Say this information is only known to you. Knowing that bungalow is not yours, you haven’t paid, you haven’t earned it, would it be ethical for you to occupy someone else’s property?
The relative wasn’t present to care for that old lady, no doubt. The relative may be a vulture too. But that doesn’t change the ethics of a person in OP’s situation. If the old lady wanted, she could have willed the property in OP’s family’s name. But she didn’t for unknown reasons. It doesn’t make OP’s claim legitimate.
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SYour have all the right to claim ownership of the house. There is too nuance to explain it here. Refer the following [link](https://indianlawlive.net/2024/12/06/what-is-adverse-possession-in-indian-law/) to know your legal rights –
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SOnce a tenant, always a tenant. Adverse possession will not apply, unless you can prove that the old lady had some sort of agreement with your grandfather, which is highly unlikely.
As such, the property rightfully belongs to the legal heirs of the old lady. Even if the old lady did not have any Class 1 legal heirs, the property will pass on to her Class 2 or Class 3 heirs. So there’s no way you can legally claim a title over that property. So better forget it.
If you think of dragging possession for too long, someday, the distant relatives might end up filing a legal case and might even seek arrears of rent for several years, and the result will very likely be against you. So I’d suggest it’s better to slowly vacate by yourself.
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AThe situation can change with time. In my opinion, since the relative has asked OP’s family to vacate and they have refused, they are currently in adverse possession. The question is what the starting date of the adverse possession is. In my opinion, it is the date on which the heir demanded the property back. If he does not file a lawsuit to evict the OP’s family or take other concrete action to recover the property within the next 12 years, then the OP does have a strong case. The case that adverse possession started the day the old lady died is much weaker.
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BSo many freeloaders in the comment section. You do not own the property. The house owner’s relatives can and will sue you, and they will win.
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SThis sob is basically asking how to capture a property using legal loopholes. Fuck you OP and fuck people like you. Hope you rot in hell.
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Byes totally, just because you have distant relation can’t entitle you for the property “at least some blood relation should be there” and where were they when th e woman was staying alone,where were they when she died
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Rwhere was this relative when she had to live with a family with no rent basis in her own house so that they can take care of her
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ROP
#Come cleanWhat do you want? No one is so innocent more now a days as you are trying to portray.
During these long decades that you stayed there you have always been a tenant as you were paying rent. Then you coaxed her and stopped paying rent. If she wanted to gift you this property she could have willed it to your family
For all that we know maybe she made a will in favour of some charity or mandir etc (donated it) or in favour of the distant relative and it didn’t see the light of the day.
You all also must have tried to get a gift deed or will etc in your favour but you don’t have any document so we can assume/say whatever it was she didn’t want to give it to you/your family.
#Otherwise the old lady who were the owner, and your family knew it all along that you guys, whatever may be, didn’t have the title and she didn’t pass it onto you guys.
If you share more details of the property as in the value, city/locality, and what portion of the house was rented to your father vis a vis what part of the property was under her possession the picture will become more clear
Don’t take me wrong but would also like to know if your father was employed by the old lady/her family etc in anyway at anytime or it was always a pure lessor lessee relationship and if so, where was your dad employed at what was his job?
You are no more than a possessor of the property today (legally/illegally) technically if that distant relative strikes his claim he will get it whether they deserve it or not that’s not for us to decide.
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BNAL-
ohh man i will get downvoted for helping, i suggest you “OP” to please sit with legal heir and do out of court settlement as you know the owner would have wanted both you and her heir to benefit from it.
Nonetheless here’s my other idea-This is classic **adverse possession territory**, and the law is on your side—**if you act properly**.
### **1. Yes, under **Adverse Possession**, you can vlaim legal ownership.
#### **Basic Conditions for Adverse Possession** (as per Indian law)-
1. **Hostile Possession**: You possess the property **without the true owner’s permission** (after her death, you stayed without anyone’s consent).
2. **Open and Notorious Possession**: Everyone knows you live there. It’s **public** and not hidden.
3. **Continuous Possession for 12 Years**: You’ve crossed that limit three times over.
4. **No Acknowledgement of Owner**: You never paid rent or signed anything that acknowledges someone else as owner after her death.**Result**- You have a **solid adverse possession case** under **Article 65 of the Limitation Act, 1963**.
### **How to File for Ownership?**
1. **Hire a Good Civil Lawyer**: Someone experienced in **property disputes** and **adverse possession**.
2. **File a Suit for Declaration of Ownership**: In a civil court under **Section 34 of the Specific Relief Act** and **Article 65 of the Limitation Act**.
3. **Gather All Evidence of Possession**:
Electricity and water bills (even if under her name, they show continuity).
Maintenance records (repairs, painting, taxes paid, etc.).
Voter ID, Aadhaar, ration card, or any document showing your address as this property.
Witnesses from the neighborhood confirming long-time possession.### **2. If you choose to **settle** with the distant relative, here’s how you can protect yourself-
1. Ask them to legally **prove** their connection through a **succession certificate** or **legal heir certificate**. If they fail, they’ve got **no standing**.
2. The property was left **unclaimed for over 12 years**, and nobody claimed it till now. You can argue that **their claim is time-barred**, as per the **Limitation Act**.
3. If a compromise happens, **get it registered** in written.
Never agree to vacate without legal safeguards, especially if they have no legal ownership documents.### **What You Must Do In Near Days-**:
1. Apply to electricity and water departments to update bills in your name. This strengthens your case as it shows **assertion of ownership**.
2. Start paying **property tax** if you’re not already paying. Visit the local municipal body and register the property in your name based on **possession and use**.
3. Mutation doesn’t give ownership, but it helps create a **paper trail** of who is in control of the property.
4. A good lawyer can **pre-emptively file a declaratory suit** or at least issue a **legal notice** to the distant relative warning them to stop harassment.
Don’t let emotional pressure or threats push you out of a home you’ve maintained and lived in for 45 years.
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HFrom what I can see, you live in Bengaluru. While I don’t have any legal advice, knowing Indians, get ready for a lengthy process (if it comes down to it) because no sane person will give up on a property in such a city.
Also, there is a chance that there was a will written, however, it just took a lot of time to find the distant relative.
If the deceased left a will with a lawyer but didn’t tell anyone, and no one initiates probate or claims the estate, it might sit untouched indefinitely.
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TOP, please elaborate why you think you have any right over this property? Your grandfather entered a no-rent transaction which ended in 1990. Your family has continued to live in the property rent-free. So any amount you pay towards maintenance is not leverage as you were paying for utilities and amenities you were using.
Legally, your family is encroaching.
Please find a residence that is rightfully yours.
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QSee, what you had before and after the lady passed away is a permissive possession and permissive possession generally never becomes adverse but if the relative of the lady has not disturbed your possession for a long time, then your permissive possession becomes the possession of a trespasser( though it needs to be settled possession which you can easily prove given you are staying in the property for decades and would have the required proof like improvements made in the property etc.) So, earlier basically you had no possession at all in legal terms (although you were residing in the property, the lady had possession before she died and the relative had constructive possession after the lady died) that means you had no right at all in the property as far as law is concerned as possession is also a form of title in law and, now, your possessory title is perfected because of your long possession of the property and you have gained the possessory title.
This information in itself will help you defend a suit of mandatory injunction if filed by that relative asking you to vacate the property because since now you have possessory title, the relative cannot seek injunction simpliciter, he has to file a suit for possession first.
And that can buy you more time in the property in which you are residing because the suit will go on for many, many years before the judgment comes.
Secondly, you can never dispute ownership because the only way to claim ownership is to prove adverse possession and which you can never do because you never had possession in the first place for it to become adverse. So when the relative comes and tells you to vacate and then you deny and keep on staying in the property for 12 years peacefully, without the relative disturbing, only then you get the claim of adverse possession for ownership.
So basically, you don’t have any case to file for now as you haven’t been vacated forcefully nor you can claim ownership. The only thing to do is to file an application for rejection of plaint since it is barred by law as the other party needs to seek possession first by paying huge court fees). The relative has to prove a title (possessory title or ownership to get you out of the property. So when the relative files a case for possession, the only way they win is by proving their ownership to the property or a better possessory title than yours (they have to give evidence of relationship with the old lady etc., kind of legal heir, any sort of papers of the property etc. and you can give evidence of the neighbors speaking in your favor or the bills coming in your name or the address in the Aadhaar card etc. to prove your better possessory title in case the other party is unable to prove ownership).
But paying huge court fees by that relative is a big task in the first place so you need not worry for now, just make sure, you defend correctly if that happens.
For all those saying this morally incorrect, this is neither morally nor legally wrong.
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AGreat explanation, but legal fees have to be incurred by both parties, not just one.
The best option is to have some sort of settlement after verifying the claim of heirship.
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SI’m talking about the suit valuation fees which only the plaintiff pays for the plaint to get registered and he might recover when he wins from the dependent but that is not going to happen till next 15 years.
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SIn certain cases like injunction, yes, but it is determined on the kind of case, here, in this case since the relative didn’t turn up for 35 years, possession can only be claimed after paying fees of some percent on market value of property in dispute.
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AAren’t even ad valorem fees subject to a ceiling in most states ? For example , if it is a 10K crore property, will the party have to deposit 100s of crores ?
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SYes it may depend on different states but it any case it should not be less than 10 lakhs in this case assuming a lot of things ofc and Noone expecially someone who has not bothered to turn up for 30 years would want to pay the fees and get the suit stuck for another 10 years unless they really have that kind of money and proofs and time.
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BOP i might sound rude but people like you are the reason why even tenants with no intention of illegally acquiring the property are made to vacate premises after 5 years and have to go hunting for new rental house paying broker and shifting cost.
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BMy family had a helper, who only came for particular days. When she died her son came, and my mother gave them their mothers rd account statements and balances, which their mother used to save and invest through my mother name. (Ig she didn’t had documents or something not 100% sure)which their son didn’t even knew anything about. And here you want to legally steal something, which you used for free for many years.kya jamana aagya hai?
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KFrom ChatGPT
Thank you for the detailed context. You’re absolutely right to seek legal clarity in a situation like this—especially given the long passage of time and the sudden appearance of a supposed heir. Here’s a breakdown of the legal side from an Indian law perspective (assuming you are in India; let me know if not):1. Can You Claim Legal Ownership of the Property?
Yes, you may be able to claim ownership under the doctrine of Adverse Possession, but it’s a complex and fact-specific process. Here’s how it works:
What is Adverse Possession?
Under Section 27 and Article 65 of the Limitation Act, 1963, if a person possesses a property openly, peacefully, continuously, and without the owner’s permission for 12 years or more, they may acquire ownership rights by adverse possession—if the true owner hasn’t taken legal action in that time.
Your Case:
Possession started in 1980, and she died in 1990.
After 1990, possession has been without any legal heir contesting for 35+ years.
Bills still in her name, but you’ve maintained the property and used it openly.
No legal notice or eviction action was taken until recently.
This all strengthens your case for adverse possession, but you’ll need to file a declaratory suit in a civil court to claim ownership officially.
2. If You Enter a Settlement with the Distant Relative:
If the distant relative has not produced any succession certificate or legal heirship proof, he cannot demand eviction without first establishing his right in a court of law.
Your Legal Standing for Negotiation:
Long, uninterrupted possession (45 years).
Community testimony of relationship with the deceased owner.
Maintenance of property without interference.
Absence of any heir for 3+ decades before this person showed up.
They must prove heirship and then claim possession, which you can counter with adverse possession.
If you do consider settlement, ensure:
You get legal advice and documentation in writing.
You involve a mediator or local authority if needed.
You don’t vacate the property without a court order or formal agreement.
Steps You Can Take Now:
Consult a property lawyer and prepare for filing a declaratory suit to claim ownership under adverse possession.
Gather documents/testimonies: bills, community support, photos, affidavits, etc.
Get a legal notice sent to the person asking you to vacate, demanding proof of heirship and stating your long possession.
If needed, apply for a temporary injunction to restrain them from harassing you until the case is decided.
Indian courts have adjudicated many cases on adverse possession, and some of them directly support your situation. Below are notable examples and precedents that have shaped how Indian law views long-term possession and ownership claims:
1. Karnataka Board of Wakf v. Government of India (2004)
Citation: (2004) 10 SCC 779
Key Point:
The Supreme Court ruled that a person claiming adverse possession must prove three things:Actual possession.
Hostile to the true owner’s title.
Open, continuous, and uninterrupted possession for 12 years.
Relevance to You:
You’ve had uninterrupted possession for over 35 years, without any owner asserting claim—this aligns well with what the Court laid down.2. Gurudwara Sahab v. Gram Panchayat Village Sirthala (2014)
Citation: (2014) 1 SCC 669
Key Point:
The Court clarified that a suit for declaration of ownership by adverse possession is maintainable—meaning you can sue to have ownership rights declared, not just defend a claim.Relevance to You:
This supports your right to proactively file a declaratory suit for ownership via adverse possession.3. Mandal Revenue Officer v. Goundla Venkaiah (2010)
Citation: (2010) 2 SCC 461
Key Point:
Even government land can be claimed via adverse possession, if the possession meets the legal test.Relevance to You:
Shows that courts strictly uphold the 12-year limit, and if the true owner or heirs don’t act in time, the possessor’s rights can be protected—even against the government.4. Krushna Ram Chandra Suryawanshi v. Rajendra Jagannath Aher (2019)
Citation: (2019) 9 SCC 172
Key Point:
Reaffirmed that adverse possession requires clear and unequivocal possession against the title owner, and the burden of proof lies on the possessor.Relevance to You:
You need to document how and when your possession turned “hostile” to the true owner’s title—after the lady’s death and absence of any heir, your continued stay could be construed as adverse possession.5. D.N. Venkatarayappa v. State of Karnataka (2000)
Karnataka High Court ruling where a caretaker family was granted ownership after living in the property for 40+ years post the death of a childless owner.
Relevance to You:
Very close to your case—a family living as caretakers, and then as independent possessors after the owner’s death.Practical Tip:
Courts give weight to the intention behind possession and how it is perceived—you being caretakers initially, and then possessors without any owner interference, strengthens your claim.
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SDon’t give a dime to anybody. Ask that person to file a legal suit and take the ownership. If he gets aggressive, call the police, even they can’t remove you until and unless the other person has a will in his name. Legally, the property belongs to the govt and they would acquire it when they wish to. No other person can lay a claim over the property.
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SNah man, this reeks.
There is a similar case in my extended family.
A caretaker was brought in by the family to take care of the old lady who was widowed. Her son lived in the city and she lived in the village, refused to move to the city. Son died prematurely, heart attack or something. His kids were minors, old lady visited/lived with DIL and grand kids on and off, till she died in the late 90’s.
Caretaker who was being paid to live with her and take care of the property continued to live there. He “negotiated” a rent free system in exchange for continuing to take care of the property. They moved from a shed into one floor of the house.Now that the old lady’s grandson is asking them to vacate, the descendants of the caretaker are claiming ownership and bringing up her verbal “will”.
What a shit eating world we live in.
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