Hostile in adverse possession
chandrish
(Querist) 06 May 2013
This query is : Resolved
if A sell property to B and B sells it to C C claiming right through adverse possesion. then 1)Does C has to prove hostility towards B or towards A (ie paper owner). 2) can appeal of C be dismissed on grounds that C had come into possession through agreement between B and C which is permissive rather than hostile, where as B is not the owner in revenue records?
Raj Kumar Makkad
(Expert) 07 May 2013
A seller cannot provide better rights to the buyer. If B was not owner to the property, he could not have sold it to C and it also show that A was also not owner to the property otherwise after sale, he might have transferred ownership rights in favour of A.
Non inclusion of the name of B in revenue record cannot necessarily conclude that he was not owner to the property. C in the given facts cannot claim for adverse possession rather he shall be regarded under permissive possession of B.
chandrish
(Querist) 07 May 2013
thank you sir for you suggestion but property still stands in the name of A in revenue records. both A and B are not alive. C has only registerd will of A for B and agreement sellbetween B,C ,unregisterd will of B forC kindly suggest what other legal option does C has to claim property as C satisfies all conditions of adverse possession except hostility as per judgement
prabhakar singh
(Expert) 07 May 2013
A decided contested case can not be opined
without thoroughly going through the brief.
It is not mathematics.
chandrish
(Querist) 07 May 2013
respected devajyoti Barman sir,
your statement "Hypothetical query without actual facts." is not true in the present case. in order to minimise the text contents and put forth the matter the query has been limited to minimum words.
R.K Nanda 
(Expert) 07 May 2013
state real facts.
Raj Kumar Makkad
(Expert) 07 May 2013
If C is basing his possession on the basis of agreement for sale with unregistered will of B then the plea of adverse possession is not available to him rather he can claim permissive possession.
chandrish
(Querist) 07 May 2013
sir,
appeal has already been filed.
can in the same case of adverse possession request for permissive possession using
1.registered will of A for B and susequent
2.unregistered will of B for C alonwith agreement to sellbetween B and C
be filed or C has to withdraw the case and file new case because in previous dismissed case of adverse possession issues were not framed on the basis of these documents and also no witnesses were presented for the same
Raj Kumar Makkad
(Expert) 07 May 2013
Why the earlier suit was withdrawn which was based upon the true facts as you posted here?
The pleas of permissive possession and adverse possession are self contradictory. The opposite party can definitely raise an objection that the plaintiff has not approached the court with clean hands as the same is changing its stand every time. It shall be better to discuss everything with your lawyer and do not change your stand just on the basis of online discussion with us.
chandrish
(Querist) 07 May 2013
sir the suit was not withdrawn in fact judgement was given taking into account ageement to sell between B and C, stating it as permissive, whereas real owner is A.
C satisfies all the required conditions for adverse possession except hostility owing to this agreement as per judgement.
judge had also mentioned that absence of attesting witnesses for wills from A to B and B to C and also mentioned posession can be protected on basis of volumenous documents provided by C but title remains in name of C .
this was the reason why i was asking for modifications in the case.
