Lis pendis

Querist : Anonymous (Querist) 26 April 2022 This query is : Resolved
Can a purchaser who acquired property during the pendency of the suit and is in possession of part of the schedule suit property for more than 12 years during the pendency of the suit claim adverse possession? Purchaser has filed for permanent injunction suit in the Trial court for part of the schedule suit property acquired during the pendency of the suit.

The original suit against the seller is pending still in the high court.

Follow Query

Report Abuse

K Rajasekharan (Expert) 26 April 2022
The buyer of the property cannot claim adverse possession in a property which was under ongoing litigation.

Adverse possession can be claimed on a hostile possession only but not on a property under agreed transfer. The final judgement is binding on the property he purchased and any liability will remain as a charge on the property, as well.

To know what is adverse possession you may go through the write up at https://lawwatch.in/adverse-possession-its-legal-consequences-2/

K Rajasekharan (Expert) 26 April 2022
The legal consequences that may ensue when transferring a property during a pending case ( lis pendens) is also described in another write-up available at https://lawwatch.in/can-a-property-under-a-court-case-be-transferred/

Advocate Bhartesh goyal (Expert) 27 April 2022
Yes buyer of property can not claim adverse possession in property which is under litigation, may be buyer in possession of property since more than 12 years.

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