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surya (ffch)     06 January 2018

Adverse possession

Respected sirs,what is the fate of adverse possession if the squatterer dies?A and B bought a land (1 acre -Half acre for each) which they later came to know that the sale deed is null and void.now they want to claim adverse possession A died in 1973 B died in 2016.Now B s grandson wants to come into the case as LR saying that my grandmother has written a will.The sale deed of A&B is void abinitio (the sale deed of the person who sold the land toA&B is also null&avoid)So,can the grandson enter the case as LR when the saledeed is. Void abinitio.please comment sir I would like to add that the high court and Supreme Court have clearly stated that they have no adverse possession.This is a second round of litigation going on due to a wrong judgement given by city civil court judge that A &Bhave perfected their title by way of adverse possession (specific performance suit).Nowthe case is again pending in high court



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 3 Replies

P. Venu (Advocate)     06 January 2018

The facts, as posted,  lacks clarity. what is the problem if the civil court has held the title to have been perfected by adverse possession?

Kumar Doab (FIN)     06 January 2018

If the HC, SC have already decided that the said person have NO adverse possession then how and/or on what grounds (new or others) City Civil court has decided that said persons have perfected their title!

The said persons could have and might have proceeded against the seller. 

Kumar Doab (FIN)     06 January 2018

The legal heirs can step into the shoes of deceased litigant.

What is the opinion of your own counsel that has represented you!

You are on which side!

In such complicated matters one should discuss in person with a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record in such matters…..and show the whole case file and share all inputs for a considered opinion.


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