encroachment in pvt land
Querist :
Anonymous
(Querist) 06 July 2011
This query is : Resolved
A purchased a duplex from B through Bank loan in 2002. C is the owner of adjoining land who claims( in 2011) that B(now deceased) had encroached his partial land say 500 sq.feet. and claiming from A to vacate his land which is already in built condition.A little bit intends to settle the the recent claim by offering some compensation in form of finance,but he is refusing to accept and C is threatening that he will get his duplex bulldozed if A (having some vacant land of his portion does not transfer to him free of cost and also to return land in liu of land, A intends to offer him(C) some money in form of market value of land (which is in A's possession) . Now kindly advise to protect A's interest. Can he loose case in long run though he is in possession for last 8-9 yrs.
Raj Kumar Makkad
(Expert) 07 July 2011
It is necessary to see the registered sale-deed of A. If it includes the aforementioned land duly owned by C then definitely A shall have to settle the issue otherwise he may be loser and if it is duly included in sale-deed then A can take plea of bonafide purchaser as well as of limitation and thus he can be gainer subject to all other relevant factors.
