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Kirana (Business )     23 August 2024

Adverse possession

Can anybody guide me in the following case:

 

Person X purchased a land 50 yrs bk.it has two survey nos. One was registered in X name n another registered in X's minor sister n minor brother name jointly (guardian their mother)out of love and affection. So nowhere it's mentioned in sale deed that X has paid money on behalf of minors.

Until nw the land is in possession of X n X has constructed house n maintaining the farm. Now after 50 yrs X's sister n brother wife comes for their land and sends lawyer notice to evict their portion of land( which has half portion of house constructed by X)

 

So can now X claim for adverse possession?? Does adverse possession work in case of family members?? Pls share ur valuable suggestions.



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     23 August 2024

The property purchased on the name of the minors should have been claimed by the minors within three years from the date of attaining majority by age or from the date of knowledge.

If they remained silent and the possession of their share of property by the other person was hostile and  adverse to them then the current possessor can claim title by perfecting the law of adverse possession. 

Adverse possession law is a legal principle that allows a person to acquire valid title to land owned by someone else. The principle is based on the idea that land shouldn't be left vacant for a long time, and that someone needs to own it if the rightful owner doesn't take action. To acquire title, the adverse possessor must meet certain requirements, including: 
 
  • Continuous: The adverse possessor must maintain continuous possession of the property. 
     
    Hostile: The possession must infringe on the rights of the true owner. 
     
    Open and notorious: The possession must be obvious to anyone who looks. 
     
    Exclusive: The adverse possessor does not share control of the property with anyone else. 
     
The adverse possessor must also possess the land for a sufficient period of time, as defined by a statute of limitations. The limitation period of 12 years starts only when the possession has become adverse to the true owner. 
 
Adverse possession law originated from English common law and aims to ensure productive use of land while protecting the rights of possessors.
1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 August 2024

X is in possession of the land for 50 years far beyond the 12 years under the law of limitation. Hence no one else can stake a claim.

Adv. Kalaiselvan

"Adverse possession law originated from English common law and aims to ensure productive use of land while protecting the rights of possessors."

No please, The 12 years under the law of limitation is from the ancient Hindu Law.

Valmiki specifically says why Lord Rama was banished for 14 years. After 12 years Rama could not claim back the kingdom from Bharatha. Another 2 years were added to make matters doubly sure.

Pandavas were banished to the forest for 12 years. Another year of life incognito was added to make things doubly sure.

In the case of Rama, his brother held the kingdom in trust only and willingly gave it back to Lord Rama.

In the case of Pandavas the ownership was settled by war.

This was the law when the British came to India and they simply adopted the same.

1 Like

Kirana (Business )     25 August 2024

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech.]
 

Thank u both for ur replies...but wen I enquired with lawyers here they r saying since registered sale deed n pahani is in deir name court goes with the document as main proof. Since Dey r filing eviction suit if I defend with adverse possession wat r de supporting documents I hv to submit??? Bcs X purchased the land with cash 50 yrs ago. So we cannot show any proof fr it today... Also fr adverse I can only show tax,water n current bill from our end to show X is in possession.. Other than these how do i prove as burden lies on our head if we choose adverse route.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 August 2024

The other party has also to produce evidence of actulal physical occupation or of interest in the property for the past 50 years. A 50 year old document alone is not enough. You have constructed a house, you have water and electricity bills. If you search you may find other evidences including witnesses. Has the opposite party got paralell evidence? It is not easy for the other party also to show evidence of occupation or of interest in the property for the past 50 years. Why did they not issue eviction notice for the past 50 years?

1 Like

P. Venu (Advocate)     27 August 2024

How has been land which is registered in the name of the brother and sister utilised? This, to my knowledge, is the deciding the issue of aderse possession.

Kirana (Business )     29 August 2024

Originally posted by : P. Venu
How has been land which is registered in the name of the brother and sister utilised? This, to my knowledge, is the deciding the issue of aderse possession.

I have constructed the house around 15 yrs ago where half portion has been in deir land. We have developed n maintained crops in de farm from which we have yearly yeilding,planted silver trees n fully grown silver trees are cut n given for timber ( this itself shows how much years it will take fr a silver trees to grow).

P. Venu (Advocate)     29 August 2024

"I have constructed the house around 15 yrs ago where half portion has been in deir land."!
Admittedly, you are playing hide and seek with the facts.

Moreover, why you bent  upon imposing SMS language on us? What prevents you from posting the  post in simple language?

Any how, possession is a question of fact than of documents.

Kirana (Business )     11 September 2024

Originally posted by : P. Venu
"I have constructed the house around 15 yrs ago where half portion has been in deir land."!Admittedly, you are playing hide and seek with the facts.
Moreover, why you bent  upon imposing SMS language on us? What prevents you from posting the  post in simple language?
Any how, possession is a question of fact than of documents.

Wats wrong with you??? 😡 😡  😡 😠 wat hide n seek r u talking about??

I dint use any complicated English vocabulary to sound this post as complicated. I have framed sentence in simple English only. Moreover u being lawyer u dono the spelling of adverse. and also the sentence mentioned by you in ur previous reply is grammatically wrong.( "This, to my knowledge, is the deciding the issue of aderse possession")

But so far I never commented on ur English writing skills/grammatical error/ spelling mistake.So first u correct ur mistakes before pointing fingers on me. 

How I need to write my query is left to my thought process.I have a query n I have posted here in my own writing style. If ur willing to answer to my query well n good,if not u can ignore n go...but u have no rights to question as to hw I have to frame a question or about my writing format. Bcs i am not writing any official mail here.


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