Can I apply for adverse possession?

Dear Legal Advisors, My father purchased land in the 1990s, and in 2002, he registered a small portion (30*40) of the land in his two sisters' names when things were going well. However, even after registering the land in their names, my father built a house on the land with his own money and rented it to tenants. Since the purchase of the land, only my father has paid all the taxes related to the land and collected the rent as usual. For the last five years, there has been some tension between my father and his sisters. For personal reasons, he now does not want to give anything to his sisters. In this case, I would like to ask if I can apply for adverse possession based on the following supporting factors: 1. Negligence: The property was neglected by the owner for 12 years. 2. Exclusive/Actual possession: My father has constructed the house, put up fencing, and even held a housewarming ceremony, inviting the public. 3. Continuous: My father has had sole ownership of the property.

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Advocate By LEAD INDIA Answered: 07 Jan 2023

Hello sir,

there are certain statutory provision for  such if the owner donot enquires the land for more than 12 years then adverse possession can be applied 

thank you

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