Partnership deed without any title
Mohammed Rizwan Shaikh
(Querist) 17 October 2016
This query is : Resolved
Dear Experts,
Mr. A hold a property in Mumbai since past 35 years. He doesn't have any title of the property except exclusive and continuous possession of the said land. Further, the title of the said land is with Mr. B since 2006. Now, Mr. A has executed a registered Partnership Deed in favor of Mr. X, Y and Z so that they can start a studio business. Mr. A brought the said land in the new partnership firm.
What is the validity of the Partnership Deed?
Can Mr. A execute Lease Agreement in favor of the newly formed firm?
Can Mr. B challenge the said partnership deed? if challenged can Mr. X Y and Z go for stay?
Can Mr. A go for Adverse Possession, as his possession is hostile to the original land lord (original owner)?
Regards,
Rizwan Shaikh
Ms.Usha Kapoor
(Expert) 17 October 2016
A has perfected title by adverse possession be being in continuous and uninterrupted and peaceful possession of the property for more than 30years.If B Challenges this definitely x,y and Z woulds obtain stay.But the true owner has come into picture in 2006.
According to the following information s regards adverse possession courts are looking at it with lot of circumspection.
Conclusion
In conclusion, one must note that the law of adverse possession is no longer what it used to be, a tool of a powerful squatter buttressed by the lack of awareness on part of the true owner in an ancient law. Today, the law of adverse possession is viewed with great circumspection by the judiciary, and this is a trend that commenced abroad. With the recognition of property as a human right of sorts by the European Court of Human Rights we see the classical conception of the law of adverse possession changing slowly but surely. There, the ECHR held: “The question nevertheless remains whether, even having regard to the lack of care and inadvertence on the part of the applicants and their advisers, the deprivation of their title to the registered land and the transfer of beneficial ownership to those in unauthorized possession struck a fair balance with any legitimate public interest served.”
hence in the light of the above, Partnership Deed is not valid. because A is not the true owner.A cannot execute lease agreement in favour of the new firm.If B, the true owner challenged partnership X,Y And Z may go for stay may go for adverse possession as his title is hostile to B.. In the changed mind present scenario courts are reluctant to interfere with true owners rights and may not support adverse possession as per my above given information.If you appreciate the above answer please click the thank you button on my profile.
Kuummaar AS
(Expert) 17 October 2016
Rizwan Shaikh,
ALL YOUR OTHER QUERIES APART, ANSWER TO YOUR FOLLOWING QUERY IS A BIG "NO"
Can Mr. A execute Lease Agreement in favor of the newly formed firm?
P. Venu
(Expert) 17 October 2016
'He doesn't have any title of the property except exclusive and continuous possession of the said land. Further, the title of the said land is with Mr. B since 2006.' How!
Guest
(Expert) 17 October 2016
Academic query.
Rajendra K Goyal
(Expert) 17 October 2016
Seems moot problem, discuss with some senior.
R.K Nanda
(Expert) 17 October 2016
Academic query.
Kumar Doab
(Expert) 17 October 2016
What is the opinion of your own counsel.
Mohammed Rizwan Shaikh
(Querist) 17 October 2016
Many thanks for your reply EXPERTS,
Mr. B got the title from the original land owners vide Conveyance Deed executed in 2006
Guest
(Expert) 18 October 2016
What matters you in person? Let B solve his own problem, or get solved from the experts.
Kumar Doab
(Expert) 18 October 2016
Ms. Usha Kapoor has posted pointers to Adverse Possession, Squatters etc .............
The courts may ensure that the possession originating from dishonesty and foul means, bad faith adverse possession, does not receive the same recognition.
A query has been discussed in old thread at:
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
Ask the affected person to approach a very able counsel.
Rajendra K Goyal
(Expert) 18 October 2016
may be benefited from the advice of expert Kumar Doab.
