Thirumalai 27 August 2021

Plot seller claiming adverse possession

Hi,

In 2011, me and my friends bought a land from a family friend, property is located in Kanchipuram. These were partitions from a big part of land owned by that seller.

The seller using the money constructed a hotel and running a small business there. Now when we started visiting the property for last 2-3 years he was having a organic farm and also small statue.

When we asked him to remove these, the seller said that he will leave when we build some property.

Recently we came to know from the local village person that the Seller has filed an adverse posession to an earlier plot buyer who bought the land from him in 2005. Seeing the trend we assume that he will also follow up an adverse possesion for our plots too.

This land is inside the hotel which is not a public accessible, Our land is registered in 2011, we fought a lot and got Patta for our lands, but still the physical possession is with that seller.

Please advice me what should be done to avoid this adverse posession, even if we try to get rid of him from our lands, he then later comes and occupies it.

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3 Replies

M V Gupta (Advocate) 27 August 2021

Issue Lawyer notice to the seller asking him to remove the unauthorized construction of the hotel and stop unauthorized activities on the land. which belongs to you. Also. claim mesne profits for the unauthorized use of your land. You should not say that you did not get possession of the land. Don't delay. Engage a senior Advocate and protect your interests.

G.L.N. Prasad (Retired employee.) 27 August 2021

After such notice, get him evicted through the Police. These are not the days for kindness. The same incident happened to me. We have had some land in our village, for 6 generations, and as we have roots in the village, I refused it to sell and donated the land to the adjoining temple and there were hurdles in that plan as endowments, private management, etc are involved in the process. in the meanwhile the grabber who is enjoying the property without paying a paisa, and we thought that we are helping a differently-abled person constructed a pucca building. During the initial days, when he was asked to vacate it, all village elders asked me to show some kindness to the person, and he sought time. When the matter is brought to the attention of all those village elders who are in power, they never responded, as that community served them in elections, and that person volunteered for the winning of their party. The person says that he is equal to GOD and if I want he will pay me that amount possible, otherwise we can do anything we like. I am helpless as they are locals and we became strangers in spite of contribution in giving land to school etc

Please exercise your lawful rights as expeditiously as possible and construct a compound by evicting him.

Dr J C Vashista (Advocate) 27 August 2021

I endorse the opinion and advise of expert Mr. M V Gupta,.issue legal notice to vacate your plot and pay the damages followed by a suit for permanent and mandatory injunction with damages.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.