can co-owner plea adverse possession against other co-owner

[anil seth]

My thinking says that brother family can take plea that possession is adverse against me because its adequate in continuity,exclusiveness, peaceful and open and it is not necessary to inform the co owner(me) by brother’s family of its hostile action which may be expressly or impliedly in denial of of title of true owner.-T.anjanappa & others v.somalingappa & another 2006 7 scc 570

Question:-Can there be adverse possession & ouster by co-owner against other co-owner/joint owner not in possession for more than 12 years.

[adjusterjack]

Re: can co-owner plea adverse possession against other co-owner

I read enough of the decision:

https://www.casemine.com/judgement/in/5609ae31e4b014971141322c

To suggest that, no, adverse possession does not apply to your situation where you are a deeded owner of the property.

You already have "title" to the property. As an owner on the deed, you will always have "title" to the property.

What you have not been allowed is occupancy and/or any financial benefit from owning the property.

I suggest you consult a lawyer and review your options.

[Lexus]

Re: can co-owner plea adverse possession against other co-owner

If a co-owner is in possession of the entire property, his possession cannot be deemed to be adverse from the other co-owner unless there has been a clear ouster by denying the title of the other co-owner.