Adverse possession
Querist :
Anonymous
(Querist) 04 July 2021
This query is : Resolved
There is encroachment on our land for many years. The encroachers came in possession based on agreement to sale on Rs. 5/- Stamp paper from a fraudulent POA holder. No such POA was ever given. Am I right in my contention that since entry was based on agreement the plea for adverse possession cannot be taken as defense by the encroachers.
Dr J C Vashista
(Expert) 05 July 2021
Agreement to sell and encroachment are two different connotations / subjects / issues, please be clear about the fact(s).
Stamp paper of Rs. 5/- or any other denomination is a State subject which differ from State to State, hence no comments can be offered for your undisclosed State.
How can you establish PoA is fraudulent ? If you can prove that the PoA is fabricated, what action did you initiate ?
The alleged encroacher (s) can claim adverse possession if s/he is in possession for more than 12 years. Where is the question to prove / establish adverse possession in his/ her defence, as stated by you ?
Relevant facts are missing / concealed by the author, who is an ANONYMOUS person.
Querist :
Anonymous
(Querist) 05 July 2021
Dear Sir, it was my understanding that since entry is not hostile and based on void contract, element of adverse possession is missing. I am out of limitation, and Only saving is if I pray that since entry was not hostile, Plea of adverse possession cannot be taken. Your esteemed views please.
SHIRISH PAWAR, 7738990900
(Expert) 05 July 2021
Hello,
The person can take plea of adverse possession. The possession is not hostile as it is based on agreement. You can oppose that person as the agreement and poa is void and based on the facts of your case.
P. Venu
(Expert) 06 July 2021
The query suggests deeper issues. Please post complete facts.
T. Kalaiselvan, Advocate
(Expert) 08 July 2021
You don't worry about what stand he may take to protect his act of illegally encroaching your property.
You may have to initiate proper legal action as per lw to eject him from your property besue he is illegally squatting on your property.
Since you confirm that you have not executed any such POA and believe that it is a fake POA, you do not have to be afraid of this fake document, you may proceed with the suit to eject him and recover possession and for consequential permanent injunction against the illegal occupier of the property.
If he is defending himself in the court on the basis of adverse possession, you may challenge that also properly relying on the documentary evidence in your support and merits on your side.
Querist :
Anonymous
(Querist) 10 July 2021
Entry based on fraudulent agreement to sale from person claiming to hold POA(never given). Entry was around 1983 on land declared excess under urban land ceiling act. This means entry was on government land. 2007 urban land ceiling act repealed and land became ours. Question is does the element of adverse possession come in the picture. Before 2007(ULC act repeal) possession was definitely not adverse against us.
K Rajasekharan
(Expert) 11 July 2021
What you say is absolutely right.
If they claim that the entry is based on an agreement whether it is fake or not, they cannot claim adverse possession.
To claim adverse possession, they must show that it is a hostile one and the possession should exceed the limitation period of 12 years.
An article I prepared on the topic adverse possession may give you a better picture what it is and the article, with enough case laws for further reading, is there at https://lawwatch.in/adverse-possession-its-legal-consequences/
P. Venu
(Expert) 12 July 2021
You are yet to post the complete facts. Your further clarification renders the query into a riddle.
