*** adverse passation
yashwant goyal
(Querist) 01 June 2010
This query is : Resolved
I have a property in my passation since 1995-96 I was born on Feb. 1978. At present this property is recorded only on municipal record in the name of “X” who has died no any tax paid during these years by owners. My passation is continues but no any paper of this property (area 3000 sq fit).
1. What are the legal rights on this property I have?
2. What should I do for getting this property in my name?
3. Can any body has right to stop my adverse passation?
4. What are the procedure to get this property?
Kindly Help me..!
Regards
Yashwant Goyal
Arvind Singh Chauhan
(Expert) 01 June 2010
For the plea of adverse possession, It requires 12 years uninterrupted, continuous and peace full possession.
If it is so you should file a suit for declaration of title in civil court.
B K Raghavendra Rao
(Expert) 02 June 2010
You know that the property was in the name of Mr. X and you know that the owners are there for that property. How can you claim that property as your own?
Have you maintained and developed the property investing your money? Have you made efforts to find out the owners? Have you notified that you are occupying the property? If your answer is affirmative then you the theory of adverse possession applies to you. However, you cannot file a suit for declaration of ownership under 'adverse possession'.
Just enjoy the property till the rightful claimers come and approach you.
