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My grandfather divided the house into two parts. In the will, it is mentioned that half of the property is ours, and the house has 6 rooms and one shop. We have had possession of the shop for 40 years, and they have possession of 4 rooms, while we have possession of the remaining 2 rooms. Another brother wants to claim half of the property, but my father has had possession of the shop for 40 years. Can I claim the area of the shop for myself, as I have had possession of it for 40 years? Also, can I divide the rest of the property instead of the shop?
You may claim the shop if you have continuous possession for 40 years, as it can be considered adverse possession. The other parts of the property (rooms) should be divided according to the will. It’s best to consult a lawyer for a formal partition of the property based on possession and will terms. For further legal assistance contact us on our helpline number.