Legal & adverse title praying on same time
siri
(Querist) 20 December 2011
This query is : Resolved
sir,'A' has only unregistered sale agreement in year 1994 from 'B' & got in possession & started enjoying property openly & uninterreptedly up to year 2007 & in year 2007 ,'A' had given that property to his wife 'C' through registered Gift deed & till now both are in possession of same house.In year 2011,'C' made sale agreement with vendee & after agreement of 30 days,vendee filed suit for recovery of earnest money from 'C' stating that after enquiry & examining the documents it was came to know that 'C' had not get right Title from 'A' hence 'C' Title is not clear & marketable.Hence return of earnest money.But to tell truth there is no dispute on vendor Title & possession from last 17 ears .My question is
1)How can 'C' defend her case for not to give single penny to vendee since her Title had no dispute till date
2)At now,can 'A' become one of the party in suit with 'C' & defence this case by pleading of adverse possession.
3)At present 'A' did not know where 'B' or his legal heirs are living & it is impossible for him to find & catch them.So with out their presence,whether how vendor 'C'& his husband'A' can defend the case with adverse possession & with registered gift deed.
Note:Vendee also did not know where 'B' & his legal heirs are present & so vende did not made them as one of party in suit.PLZ suggest sir for winning of defendant
Raj Kumar Makkad
(Expert) 15 January 2012
1. She cannot defend herself as her title is not complete and she is not valid owner of the mentioned property.
2. Even if A becomes a party to the ongoing suit, it cannot meet out the legal lacuena as the possession of the A over the property is not on the basis of adverse possession but the same is by way of sale agreement so this possession is permissive possession and not hostile hence the plea of adverse possession shall not work.
3. First of all couple should return the earnest money of the vendee and then should confine to their own problem separately. Even if they do not know the where abouts of their seller or his lega heirs, they shall have to send a notice fixing a particular date of the registration of sale deed, the day on which A should mark his presence in the office of the registrar and then should file a suit for specific performance and should get the registered sale deed executed through civil court.
3,
