LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

M M ganapathy   09 April 2018

Adverse possession

Mr A. has 5 acres  agricultural land and adjacsent to his land an ares of to the  extent of 1.5 acres of vacant  land is there. Thinking that it is belonging to him, he developed the land as  agricultural land and is growing commercial crops in it from the past  35 years.

During the year 2017,  a private survey  was made arranged by him to know the exact area of his lands. Durong the survey it came to light that the 1.5 acres of land adjascent to his prpperty is belonging to  third persons ( 2 Persons not related to each other) and that they have died long back and the details of their  legal heirs are not known. So far no body has asserted their claim on the said land.

If the legal heirs  of the decesed persons claim the said land,  Whether Mr A. can claim the said land under adverse possession?



Learning

 2 Replies

Kumar Doab (FIN)     09 April 2018

Apparently; NO.

IT sounds to be clear matter of bad faith adverse possession…

A has made an effort by private survey as well and may vacate the land and in goodfaith by nominal expense erect signboard displaying land belongs to …….and also get address of owners from concerned official e.g; patwaari  and visit the address and inquire and find legal heirs and ask them to occupy…

The legal heirs may appreciate the gesture and may not claim any mense profits and even offer to sell..

Kumar Doab (FIN)     09 April 2018


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register