Adverse possession

File a suit for injunction against the sons to prohibit them from disturbing your peaceful possession.

If he is demanding excess land then tell him to go to the court to declare him as the owner of that encroched land.  If he goes to the court then you can defend taking contention that suit is time barred because within 2 years he could have filed the suit.  He had knowledge of sale by the father.  In the case filed by him you can also claim adverse possessession.

35 years of peaceful enjoyment of lthe property is pretty long time. son of the seller should be advised to approach the court . suit barred by limitation act.

In general the son of the seller cannot claim any right over the property after two years from the date of knowledge of sale by his father. Even though he approaches his claim is barred by limitation.  

But recently the view of the supreme court is that the person who claims title by adverse possession cannot be said to be the actual owner of the property as he is squatting over other persons property and therefore his interest shall be protected and i am given to understand that the law commission has also suggessted for repealing of adverse possession.

To my opinion have talks with the sellor's son and get it solved amicably.

You should act as advised by Mr.D.Kumaralingam.It is fair to handover the excess land peacefully.

You have not mentioned the area bought by you and the total area.It appears that excess land is of substantial

value and only amicable settlement can save you from uncalled for litigation.

Raising issue of limitation would disclose your intention and it would not save you by any stretch of imagination.

So act keeping yourself in the situation of the seller's son.

You are advised to go through 2 judgements of the Supreme Court .One is dated 21.03.2012 and the other is dated 27.04.2012.

If you need i can provide both the judgements.

dnt go for litigation on ur own...let him aproched the courts first.

one thing is clear that u can not claim adverse possession, becasue the plea of adverse possession starts when u admit the title of the other party, but here u have sale deed in ur favour, so u r the real owner. as per the settled law adverse possession and plea of title is mutually inconsistent pleas...

Supreme Court's Judgement dated 21.03.2012 attached herewith

Supreme Court's Judgement dated 27.04.2012 attached herewith

can any one tell under what act or section the adverse possession is governed