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Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court
By
migrator
migrator
Chennai
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns Under Hindu Succession Act, class-2 heirs can claim rights if there are no class-1 heirs
My sister-in-law, who is a divorcee with no children, purchased a plot and constructed a small house with her source of income. In case of her death, who will succeed the property. She has four brothers and one elder sister. One brother and sister have a daughter and son respectively.
— G Sathiyanarayanan, Nanganallur
If she is Hindu by religion and has not written a will, then the property may devolve upon the Class-2 heirs, i.e. the sisters and brothers equally.
Tenancy through rental agreement not considered under adverse possession law
A family is living in our rented house for the last 12 years. They have the voter ID and Aadhaar ID at this address. Is it possible for them to claim ownership of this house, given the duration of the rental period of 12 years? Should we ask the tenant to vacate the house to avoid any future risk?
— Prabhakar, via email
If a person pays rent and lives as a tenant then he cannot claim adverse possession of the property. They are in ‘permissive occupation’. It is only if a person resides against the will of the owner of the property for an uninterrupted period of 12 years they can set up the defence of adverse possession in case of eviction by original owners. You will have no problem of that kind from the tenants.
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