To ratain the property using the rules in adverse possession
ARjun V Ajith
(Querist) 01 April 2016
This query is : Resolved
My father has a property which is registered from my grandfather to father in 1992. Later in 2000 my father registered the property to a third person for borrowing some amount from him. Due to some inconvenience the borrowed amount could not be repaid by him. Since the borrowed amount was very less compared to the land cost, the third person did not intrude in to the land so that my family is continued to stay in the same property till now. Few months back we enquired about the third person who has the owner ship in the property, then we realized that he has passed away few years back. Now its more than 15 years we are occupying the above said property. Please help me to approach the situation to get real documents for the property in my father’s name using the rules in adverse possession.
r.sathyanarayanan
(Expert) 01 April 2016
The law of adverse possession can be invoked only when u don't know who is the owner,but in your case will not fit in to it.consult a lawyer and work out the possibilities of paying the money back and get it reconveyed.
Kunal Godhwani
(Expert) 02 April 2016
Adverse possession is given under law of limitation and law of limitation can never confer a substantial right on a person or a property, by way of adverse possession one cannot seek a relief of declaration. It is also a settled law that one should not be permitted to perfect the title of the land or building by invoking the provisions of adverse possession.
My opinion is don't even think of going to the court because there are judgments wherein Hon'ble Supreme Court has clearly stated that Law of adverse possession should be abolished because How 12 years of illegality can suddenly be converted to legal title is, logically and morally speaking, baffling.
Rajendra K Goyal
(Expert) 02 April 2016
Discuss with local lawyer, your claim has no concrete merits.
Dr J C Vashista
(Expert) 04 April 2016
Rightly analysed and opinoned by expert Sh. Rajendra K Goyal, your claim is fatal.
ARjun V Ajith
(Querist) 04 April 2016
I do agree.
Thank you very much for your valuable reply
Hemant Agarwal
(Expert) 07 April 2016
1. It would be a Criminal offence (various), to continue in occupation of a duly "SOLD" property, at the hands of the Purchaser and his legal heirs.
2. HOWEVER, with a legal twist /bend, the property can still be successfully claimed, by the former owner (means current possessor), depending on various parameters.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
P. Venu
(Expert) 10 April 2016
All you can do is to do nothing, and let take its course till some one tries to evict you. At that juncture try to hang on to the thread of adverse possession, if your conscience so permits.
