Law or adverse possession
thupden
(Querist) 12 November 2013
This query is : Resolved
a cultivator was paying in Kind till few years back, he passed away, living behind his legal heir. The actual owner of the property gifted the land to his grand daughter in 2013 . After the grand daughter registered the land in her name got the title, she went for a survey where in she found out that the cultivator had already sold half the property to different individuals. (all these buildings and houses were built without any approval of the owner nor following the norms of the Government.
They have been staying for more than 12 years can in such cases they can claim adverse possession.
BAALASUBRAMANNYAMM
(Expert) 12 November 2013
It might be, that the cultivator, being a protected Tenant, has incorporated his name in Revenue Records and thereby sold the said lands to third parties. And also it occurs, more than 12 years, it became an adverse possession of the cultivator.
If you want to pursue the case, you should have to get all the copies from the concerned revenue office and it needs an assistance of a local lawyer.
Rajendra K Goyal
(Expert) 12 November 2013
Consult a local lawyer and show him all the documents.
Raj Kumar Makkad
(Expert) 12 November 2013
The plea of adverse possession is not available to the tenant till he is paying the rent either in cash or kind. A tenant has not legal right to sale the property. It seems that manipulation has been made by such tenant so better to obtain the entire record of that property including the registered sale-deeds and then consult with local senior lawyer dealing in civil side and take action accordingly.
