Land recovery

Querist : Anonymous (Querist) 18 March 2022 This query is : Resolved
Sir,
Sir i belong to ST community , We had sold a plot , to a General Community person with proper permission from revenue office.. we sold it as we were in a land dispute . WE ARE STILL in possession of the sold land , and its more than 13yrs of the sale done. He could not take the possession as we were fighting a land case . NOW THE case is over and in order to give him the possession we demanded him the current market value but he is not entertaining us. I have two questions :
1 . HOW much money do we have to pay him if we want to take the plot back. As its mentioned in the deed that incase e dsnt get possession his money needs to be returnd with interest .
2. Can we claim the land by limitations act as its more than 12yrs . And by adverse possession we can legally claim it back. I live in west bengal.

What do you suggest .

Follow Query

Report Abuse

kavksatyanarayana (Expert) 18 March 2022
It is your mistake as when a dispute against the property is pending in court you can't sell the property and the purchaser also can not purchase such disputed land. So you both amicably decide the matter with good faith.

Querist : Anonymous (Querist) 18 March 2022
My màin question is regarding .. limitations act .. we dont want to give it to him .. as we are in possession for more than 13yrs after sale . CAN WE CLAIM LAND BY ADVERSE POSITION ? .. WE R READY TO PAY HIM .. WITH INTEREST

Advocate Bhartesh goyal (Expert) 19 March 2022
No ,you can't claim the land on basis of adverse possession as law of adverse possession does not apply in this case.Settle the matter amicably else purchaser will try to get the possession through court.

Dr J C Vashista (Expert) 20 March 2022
Whether the vendee has accepted the sale transaction less possession ? Unbelievable.
Is it true that the Revenue department permitted government land allotted to ST person to be sold to a General Category vendee? Unbelievable.
How was the "Sale Deed" executed with encumbrance/ Court case pending on the property ?
What is the correlation of the concept of "Property sold" and "adverse possession" ?
Prima facie it is an academic exercise and a fabricated story.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries