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Srikanth (Director)     21 July 2013

Claim of the land bought on father's name

I have a bought a 2400 sq feet of land on my fathers name in 1996, and constructed the building from my pvt ltd concern (other than me none of my family members are not partners in this) in the year 1999 thru valid cheques and  cash to  the builder.  The land and building has been kept as collateral security to my pvt lt concern to get the Cash credit facility from the bank from 2000 onwards with many banks.  In the year dec  2012 my father got released the documents from the bank by withdrawing the guarantee ( paid the outstanding amount on that day) and gifted the document to my brother by gift deed.  My company is operating in this land and building from 2000 january and got adverse position of the same.  Till date i dont have any rental agreement nor i have paid any rentals.  Can the experts please  advice me ,how to proceed against him int the court of law.to recover the land and building.

Thanking you in advance

Srikanth



Learning

 1 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     21 July 2013

If father is the owner, you cannot recover the land. Since building is constructed on the land belonging to the father, you dont have any right on it. You can only demand cost of the building. 

You cannot claim adverse possession as you yourself told that father was the owner of the property.


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