Careers ForU 17 November 2020

Family property dispute

Dear Sir/ Madam

I gave certain amount of money to my father in year 2008 for purchase of property in year 2008 which he eventually deposited in his bank account.Since we were living as a HUF at that point of time,my elder brother had an agreement with the selling party and it also the selling party entered a sale agreement with my elder brother .My elder brother paid this advance with the same amount I gave to my father .Sametime the seller party without our knowledge,also took advance amount from another person X who was a colleague to my brother but there was sale agreement in place.So there was a legal battle and my elder brother lost the case.Iam in posession of the land .Now there is pressure mounting on me from my family to vacate the land.Can I get injunction order by taking adverse posession ?If so how? Is there a way out?

Please advise

Reply Follow

4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 November 2020

1. YES .... you may claim possession on criteria of "Adverse Possession", PROVIDED you documentarily prove that you have unrestricted possession for a minimum period of 12 years.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Careers ForU 17 November 2020

Sir,

Thankyou for response.I would like to bring to your kind notice that I do not know what documents are needed for this peculiar situation Iam facing.There is no sale deed for me nor the sale agreement which my elder brother entered with selling party includes my name.But the underlying finances ,are surely related to me.How do I execute adverse posession or atleast how do I initiate it? No record or documents for me in Revenue Office, do I approach local police station? If so my other family members are rich enough and highly influencial that they surely will try their best to displace me from the posession of site by force .

Can I get injunction order at the time of trying for adverse posession ?

Please advise.Thankyou

Adv Vinay Mathur + 8447131770 (Advocate) 17 November 2020

The document could be voters id card, adhar card, ITR, loan account, registered letter received or sent, online purchases, complaint to any authority, ration card, driving licence etc etc. at same premises, which proves that you are staying there for the last 12 years.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 19 November 2020

Originally posted by : Careers ForU
	Thankyou for response.I would like to bring to your kind notice that I do not know what documents are needed for this peculiar situation Iam facing.There is no sale deed for me nor the sale agreement which my elder brother entered with selling party includes my name.But the underlying finances ,are surely related to me.How do I execute adverse posession or atleast how do I initiate it? No record or documents for me in Revenue Office, do I approach local police station? If so my other family members are rich enough and highly influencial that they surely will try their best to displace me from the posession of site by force . Can I get injunction order at the time of trying for adverse posession ?