Adverse possession
Prajesh Jehan
(Querist) 27 September 2020
This query is : Resolved
Sir
My father purchased 2 acres of agriculture land in 1962. He sold part of land in 1965 and died.We haven't used the remaining land till now.We have the Title document and revenue documents in name of my father.
The nearby landowner trespassed and using the land .My mother due to fear didn't opposed .We have proper Legal heir ship certificates.We paid the revenue taxes in name of my father till date.
My question is whether the trespasser can claim adverse possession of our land?
Kindly clarify the query
Dr J C Vashista
(Expert) 28 September 2020
Legally the person in-possession since 1965 has every right to claim adverse possession, which became due in the year 1977.
Shilesh Patel
(Expert) 28 September 2020
Yes, the person who has the possession for more than 12years without any interruption has built a right of adverse possession.
Advocate Bhartesh goyal
(Expert) 28 September 2020
Merely possession of land more than 12 years is not sufficient and fulfill the requirement of adverse possession. possession must be continuous of more than 12 years and hostile to the true owner.your neighbour is only trespasser he can't claim adverse possession.
SHIRISH PAWAR, 7738990900
(Expert) 28 September 2020
Hello,
In your case, it is not adverse possession of the land. File a police complaint or you can also approach the civil court against neighbour.
Prajesh Jehan
(Querist) 28 September 2020
Sir
Its a land of 4 acres owned by 3 individual persons.
our share is 1 acre in it.
The joint patta has all of our name with the area mentioned on it.
Shall I call the remaining 3 landowners to measure and divide the land as per the area available in title and revenue documents?
P. Venu
(Expert) 28 September 2020
You are posting many a query. What is the real issue?
Prajesh Jehan
(Querist) 28 September 2020
I have two issues sir
One is with my ancestral property which I posted earlier and I got opinion from you experts which is really a guiding one for my issue .I suited a partition suit and its proceeding.
This issue is with my father self acquired property.
Rajendra K Goyal
(Expert) 29 September 2020
Show all documents to local lawyer and discuss the scope of filing suit for partition.
Isaac Gabriel
(Expert) 30 September 2020
Mere adverse possession wil not entitle right since the documentary proff is variy available. You can claim your right.
Prajesh Jehan
(Querist) 30 September 2020
Ok thank you sir..
I'll proceed further
