Right of property after period of limitation.
pramod
(Querist) 27 January 2010
This query is : Resolved
Respected Experts and dear Members,
Let me brief you the back ground of this civil matter; my future plan of actions is affected with this issue. I have purchased an open plot of 500 s/f area from the real owners in the year of 1992 after paying the due consideration amount to them. Within a period of one year from the purchase, some of their relatives filed a petition for Partition; they were claiming that it is an ancestral property. Later, during the period of 1995 The Honorable Court had ordered that certain portion of the land will be allotted to those Plaintiff in the ratio of 2/3 and 1/3 to me since I being the bona fide purchaser . Unfortunately this whole thing happened just because, the real owners later did not join the proceeding that is how Honorable Court passed an exparte order in favor of the plaintiff.
Till today the plaintiffs have not gone for the execution of the final decree, the period of limitation is over by the year of2007. The entire 500 s/f area is completely surrounded by my family property; precisely this 500 s/f area is within the area of one acre, which belongs to my family.
So, I would like to know that in this event of incident, I prefer to be safe for my future plan of action in case of any possible constructions for my family requirements. Hence, I prefer to bring the name of mine on the record of rights for my share.
Therefore, my question is that can I even register the remaining portion i.e.2/3 on to my name though it was ordered to them as their right by the Court. What prompts me to ask this question is based on two factors that the time lapse of 15 years that they have not gone for final decree and its execution and the possession of the same are within us as family over the period of 15 years. I am very much concerned with this issue in case when I go for any construction around the area of mine. Plaintiff may go for an injunction in such situation. So, I would like to know the best way out.
With a humble request I sincerely appeal to the respective experts and equally all the members to guide me for its right solution. Thank you to all.
Raj Kumar Makkad
(Expert) 27 January 2010
In my opinion, you should first file a suit for declaration against those plaintiffs (relatives of your seller) claiming your earned ownership over the remaining 2/3 share by way of adverse possession. In case court grants a decree in your favour only then your name can be entered in he column of ownership legally. You can also obtain stay order against those persons in the same suit and then can raise construction.
