Claim Of Possession In Property: A Lengthy Legal Process

Introduction:

The term possession in simple terms means control over something. It would be useful and beneficial to know that most common claim while the person filing a case to claim a right or interest over a property, whether inherited or self-acquired, is the actual possession or adverse possession, among other possession. Once an aggrieved person who has a right over a property by any type or source as per law should first introspect/self-inspect or take consultation from a legal professional in purview to the nature, character, variant of property, etc. Further if residing the situation is different, but if not, then must be visiting, declare to the other person of right, and the type of relation with the property, etc., must be actual, continuous and uninterrupted possession in a normal scenario.

Inherited property and possession and remedies for protecting possession:
If the case is regarding an inherited property, the adverse possession is not applicable.therefore cannot be claimed, whereas actual possession is one of the main components.in an inherited property as the share is decided, whereas in self-acquired or any other property share is defined. Thereafter, once the person knows the characteristics of the property over which he has a right, and the same is being disturbed by the other person, such person must exhaust and exercise all remedy mandatorily for the reason for saving the precious and valuable cost, energy, mental peace, and years except and prior to approaching civil court or any other appropriate court/authority under law, which must be utilized in proceeding litigation by the person and for protecting the maintainability of the case if filed before the court.

Recourse that can be adopted for preventing court and legal process:
The remedy that prevents an aggrieved person from approaching court and bearing The burden of litigation is having proper communication by oneself with the other person.who is trying to disturb possession or acquire possession, talking to family members for resolving disputes, try to settle the matter through mutual understanding also called mediation either through the mediation center of the concerned state government established nearest to the person or through the elders of the family. It should be kept in mind that if the dispute is settled as the same is advantageous to also get a family settlement/agreement executed and registered from the subregistrar of the jurisdiction where the person who is affected resides, or if it is a family tussle in such a tussle both the person reside at the same property. 

The maturity of both the persons, if consenting to settle out the dispute, must, without showing their anger must settle the dispute mutually through mediation, trying to avoid court of law and the legal proceedings. As per the data, family disputes over properties are flooded with litigation and the lesser-known fact to the person who approached the court without thought process can resort to a family settlement/agreement to reduce time to be devoted in litigation and cost paid in litigation, including but not limited to payment of court fees, which often goes in lakhs, and mental trauma and agony to the person.

What is right over a possession when claimed before court:
The litigation pursued by the person claiming his right over property who, if failed, or not convinced with the terms of the other person in mediation proceedings or vice versa approach or files a case in court for getting the title over the possession for getting his right declared by the court over the property. The most common pursuance is over actual possession, if the other person through frivolous or unlawful means adopt to approach court, it would be better for the bona fide holder of property to claim their right through a court of law. It would be suggested to approach the court.within limitation if one decides to do the same. In some cases the limitation is 3 years. and in some cases it is 12 years, depending on a case.

Relief that can be provided by the court and consequences after filing a case:
Further, the approach to court is for the reason that the other person may fraudulently acquire possession, execute false agreement to sell, procure stay order or execute a sale deed, etc., which can be avoided and protected from priorly or within time retaining a succession certificate from a court of law, seeking a stay on restraining third-party interest, getting the declaration from court on possession of property,executing a family settlement between family members be declared valid by court of law, memorandum of understanding, or mediation settlement if mutually agreed but not complied with can be made executed by filing a case in court, etc., which the person must be aware of such recourse that can be adopted if the other person through illegal means. The fate, or bad luck, of filing the case or cases as the grounds may be lesser known or known leads to pursuance of chunk of case over case, which ultimately result in spending a huge amount of money in litigation, which made the person revolves over court from time to time, and the same gets disposed of as a case maybe after several years of patience.

Importance of being aware of your rights:
The property is one of the most valuable things a person can own. Therefore losing the same cannot be afforded. It would therefore be beneficial for one if they knew their rights in their property. If a person having a possession over a property has a title of possession, which protects them from dispossession from property, if a property is transferred to them, they should get the records transfer in their name.from the revenue, municipal and other governmental authorities, if some other person comes and claims their property through other means than the original person in possession have the right to get their property vacated through physical force and police authorities, the property once transferred to the person, must verify all the documents and their validity, etc. 
Therefore, the above rights discussed above are useful, if one is aware of the same possession, can be protected and can be applied when someone tries to take over the possession of property through unlawful means.

Conclusion:
Possession is one of the most vital aspects of a property owned by a person. The person If there is some risk to the property, one should be keeping awareness of their rights as discussed above for keeping their property risk and dispute free. Whether If the dispute pertains to an inherited property, there the family settlement is most common important factor for keeping away from disputes to an extent even of the other person claim the property, the settlement can be filed in court, and the share can be protected. It would be important to note that in an inherited property share is decided, and in other types of property share is defined. Further for saving the problems of litigation, one should resort to ways of mediation, talking to elders, and family members for resolving disputes, etc. If these processes are not proved to be effective, then one should file a case in the court of law and must get a stay on the property against the other person. The limitation point is also one of the primary ingredients.to be taken care of, as in some cases where dispossession is there, the limitation is three
years for approaching a court of law from the date of dispossession, whereas in case where partition is the problem, there the limitation is of twelve years from the cause of action arises. The possession for a person having the property is one of the most pivotal part for that person, which can be saved if the person is taking the steps and should be using their rights as mentioned above. roduction:

The term possession in simple terms means control over something. It would be useful and beneficial to know that most common claim while the person filing a case to claim a right or interest over a property, whether inherited or self-acquired, is the actual possession or adverse possession, among other possession. Once an aggrieved person who has a right over a property by any type or source as per law should first introspect/self-inspect or take consultation from a legal professional in purview to the nature, character, variant of property, etc. Further if residing the situation is different, but if not, then must be visiting, declare to the other person of right, and the type of relation with the property, etc., must be actual, continuous and uninterrupted possession in a normal scenario.

Inherited property and possession and remedies for protecting possession:

If the case is regarding an inherited property, the adverse possession is not applicable.therefore, cannot be claimed, whereas actual possession is one of the main components.in an inherited property as the share is decided, whereas in self-acquired or any other property share is defined. Thereafter, once the person knows the characteristics of the property over which he has a right, and the same is being disturbed by the other person, such person must exhaust and exercise all remedy mandatorily for the reason for saving the precious and valuable cost, energy, mental peace, and years except and prior to approaching civil court or any other appropriate court/authority under law, which must be utilized in proceeding litigation by the person and for protecting the maintainability of the case if filed before the court.

Recourse that can be adopted for preventing court and legal process:
The remedy that prevents an aggrieved person from approaching court and bearing The burden of litigation is having proper communication by oneself with the other person.who is trying to disturb possession or acquire possession, talking to family members for resolving disputes, try to settle the matter through mutual understanding also called mediation either through the mediation center of the concerned state
government established nearest to the person or through the elders of the family. It should be kept in mind that if the dispute is settled as the same is advantageous to also get a family settlement/agreement executed and registered from the subregistrar of the jurisdiction where the person who is affected resides, or if it is a family tussle in such a tussle both the person reside at the same property.The maturity of both the persons, if consenting to settle out the dispute, must, without showing their anger must settle the dispute mutually through mediation, trying to avoid court of law and the legal proceedings. As per the data, family disputes over properties are flooded with litigation and the lesser-known fact to the person who approached the court without thought process can resort to a family settlement/agreement to reduce time to be devoted in litigation and cost paid in litigation, including but not limited to payment of court fees, which often goes in lakhs, and mental trauma and agony to the person.

What is right over a possession when claimed before court:
The litigation pursued by the person claiming his right over property who, if failed, or not convinced with the terms of the other person in mediation proceedings or vice versa approach or files a case in court for getting the title over the possession for getting his right declared by the court over the property. The most common pursuance is over actual possession, if the other person through frivolous or unlawful means adopt to approach court, it would be better for the bona fide holder of property to claim their right through a court of law. It would be suggested to approach the court.within limitation if one decides to do the same. In some cases the limitation is 3 years.and in some cases it is 12 years, depending on a case.

Relief that can be provided by the court and consequences after filing a case:
Further, the approach to court is for the reason that the other person may fraudulently acquire possession, execute false agreement to sell, procure stay order or execute a sale deed, etc., which can be avoided and protected from priorly or within time retaining a succession certificate from a court of law, seeking a stay on restraining third-party interest, getting the declaration from court on possession of property,executing a family settlement between family members be declared valid by court of law, memorandum of understanding, or mediation settlement if mutually agreed but not complied with can be made executed by filing a case in court, etc., which the person must be aware of such recourse that can be adopted if the other person through illegal means. 

The fate, or bad luck, of filing the case or cases as the grounds may be lesser known or known leads to pursuance of chunk of case over case, which ultimately result in spending a huge amount of money in litigation, which made the person revolves over court from time to time, and the same gets disposed of as a case maybe after several years of patience.

Importance of being aware of your rights:
The property is one of the most valuable things a person can own. Therefore losing the same cannot be afforded. It would therefore be beneficial for one if they knew their rights in their property. If a person having a possession over a property has a title of possession, which protects them from dispossession from property, if a property is transferred to them, they should get the records transfer in their name.from the revenue, municipal and other governmental authorities, if some other person comes and claims their property through other means than the original person in possession have the right to get their property vacated through physical force and police authorities, the property once transferred to the person, must verify all the documents and their validity, etc. Therefore, the above rights discussed above are useful, if one is aware of the same possession, can be protected and can be applied when someone tries to take over the possession of property through unlawful means.

Conclusion:

Possession is one of the most vital aspects of a property owned by a person. The person If there is some risk to the property, one should be keeping awareness of their rights as discussed above for keeping their property risk and dispute free. Whether If the dispute pertains to an inherited property, there the family settlement is most common important factor for keeping away from disputes to an extent even of the
other person claim the property, the settlement can be filed in court, and the share can be protected. It would be important to note that in an inherited property share is decided, and in other types of property share is defined. Further for saving the problems of litigation, one should resort to ways of mediation, talking to elders, and family members for resolving disputes, etc. 
If these processes are not proved to be effective, then one should file a case in the court of law and must get a stay on the property against the other person. The limitation point is also one of the primary ingredients to be taken care of, as in some cases where dispossession is there, the limitation is three years for approaching a court of law from the date of dispossession, whereas in case where partition is the problem, there the limitation is of twelve years from the cause of action arises. The possession for a person having the property is one of the most pivotal part for that person, which can be saved if the person is taking the steps and should be using their rights as mentioned above