Claim Under adv. possession.
Querist :
Anonymous
(Querist) 11 June 2010
This query is : Resolved
Dear Friends of the Forum,
An agricultural Land, belongs to Mr."A", sold to Mr."B".But not through registered (but have an unregistered sale deed !) sale deed, but is in Possession of Land.
Mr. "B", sold this land to Mr."C" through an unregistered sale deed,and handed over the Possession of Land to "C".Mr."C"is in Possession of Land for last 25 years, till today. Now, Mr "A" & "B" ( both ) are dead. My Question to the learned Experts is :Should Mr. "C" claim under,
1) unregistered sale deed,obtained from Mr. "B",(by regularising ? Which is,i think tough as on today, because legal heirs may create problems),
OR
2) In Possession of Land for last 25 years, (Adverse possession )But against Whom, Mr. "A" OR Mr. "B" ?
OR
3) Any other alternative you , EXPERTS suggest!
With regards And Thanking you All Experts of the forum expecting an early reply please.
Guest
(Expert) 11 June 2010
YOU MAY FILE AN APPLICATION TO THE TALATHI /COLLECTORS OFFICE REGARDING ENTERING YOUR NAME ON LAND RECORDS.YOU MAY MENTION ALL THESE FACTS AND ENCLOSE THE COPY OF SAID AGREEMENT AND ALSO MENTION THE FACT THAT YOU HAVE POSSESSION FOR PAST MORE THAN 25 YEARS.
YOU WILL SUCCEED.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR CALL AND SEND DETAILS.
WILL HELP YOU.
THANKS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
MOBILE.9271971251.,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
B K Raghavendra Rao
(Expert) 11 June 2010
Mr. C has not acquired title over the property as required under law. Any sale deed need to be registered. Here, both the sale deeds are not registered and therefore, ownership has not been passed on to C. C is now the owner of the property. He cannot be the owner by virtue of adverse possession. Because he knew who the owner is and therefore he cannot claim to be the owner by adverse possession. In fact he is just a permitted occupant of the land. He is liable to be evicted by the legal heirs of Mr. A.
In order to obtain ownership Mr. C need to get sale deed executed by the successors of Mr. A.
