legal advice

Sir, If somebody has a possession of property for more than 12 years uninterruptedly, then it is called as adverse possession under law and the property will be of the one who stays in that land like that. Law cannot excuse those who sleep over their rights. How did you allow him to carry out a business and pay taxes and electricity bill for all these years? Please settle the matter amicably either by giving him some land or, compensation mount to vacate, before he moves to the court of law.

What document and other evidence the occupier has regarding ur grandfather's version?

Here hostality is missing, from which date the possesion become adverse?

Permissive possesion for a long period of time can not give rise to adverse possesion.

U need not worry, u may say that he is in permissive possesion and is a tenant and can go for eviction suit. If he claims then for title suit.

Do not worry about municipal taxes and elctricity bills that may show his possesion not title of the land which is with u,  by the way what r documents u have in support of ur title?

These are my opinions and u wait for experts' opinion and may cross check with any good civil lawyer.

Also in share file section I have submitted judgemnts on Animus and Corpus, which is on adverse possesion, if u wish u may go thru that.

I do not think permissive possession can be proved here as the caretaker has evidence to prove he is the owner through his tax paid receipts and bills in his name. 

Has he gained the possession unlawfully, getting lawful possession comes under permissive possession.

Mutations and tax paid recipt may be proof of possession but not is a title document. All thses can be rebutted in civil courts. There r 100 of jdgements, where these things have been rebutted, from various Hon.HCs,and SC.

For ex. plz. go thro' the contents of this excerpts of judgements

"It is well settled that entries in revenue records do not confer title. Title to a property of a person would not be lost merely because his name is not mutated in the revenue registers. So entry showing the name of a person as owner of the property in the column relating to 'owner' does not confer title on him in relation to that property, if he is not really the owner of that property. Similarly, because the name of an individual is entered in column No.16 of the Pahani relating to 'person in actual possession', when the land is kept fallow or vacant, that entry by itself would not help him in establishing his possession during that year. The question as to who is in possession of a land kept fallow or vacant mainly has to be decided on title"

"In AIR 1996 SC 2823 the legal effect of Mutation is stated as "Mutation of the property in the revenue record will not extinguish title nor has it any presumptive value on title". The entry in Record of Rights is conclusive proof of the correctness of the entry, it has only presumptive evidentiary value which can be rebutted in the Civil Court."

Also I am attaching judgement of Hon, Del HC, is a best ever, in Animus & Corpus,

Ashutosh Sir, I agree we cannot prove title by the receipts by looking into the judgments. But if you take the defense of permissive possession, then you will have to prove that too. 

You have to file a suit for declaration of title and possession. There is a recent judgement of the Supreme Court where adverse possession has been dealt with. In that judgement it has been clearly stated that no one can claim adverse possession against the actual owner i.e. A person having a good, clear title is always the owner and entitled to possession.

The author will claim based on his title documents and need not prove anything regarding the possession of the oppo. party and  it is he who may take plea of adv. possession, and the same will be difficult to prove by him

Dear Sir,

Mr. Ranganathan , Director has quoted on 13th August, 2010  that -

"There is a recent judgement of the Supreme Court where adverse possession has been dealt with. In that judgement it has been clearly stated that no one can claim adverse possession against the actual owner i.e. A person having a good, clear title is always the owner and entitled to possession"

Sir,  

I shal be ever grateful to you if you could please quote this judgement at an early date to enable me to get back my house from my tenant.

With regards,

Yours truely

Satishmohit Sharma