icon (professional) 17 June 2013

Portion of land occupied 25 years ago

Hi sir
Is it possible to get back our portion of land which is around 5 ft wide and 60 ft length. That land is occupied and constructed around 25 years ago.
This happened because my grandfather sold a portion of land 60 ft x60 ft starting from the road. But the buyer constructed basement by moving 5 ft inside our land some 25 years ago.
When my father asked some lawyer he found that he cannot get his land back because the case is too many years old.
Present worth of that occupied land is around 15 lakhs rupees. One lawyer suggested that there is no time limit and i can file a case against it any time.
What do you suggest.

Thanks

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1 Replies

Narendra Malik (advocate) 17 June 2013

I think it just not possible to get back your portion of land which is around 5 ft wide and 60 ft length. since the land is occupied and constructed around 25 years ago and he may claim ownership by adverse possession. When your father asked some lawyer he found that he cannot get his land back because the case is too many years old his advise is correct. you said present worth of that occupied land is around 15 lakhs rupees if you will file suit you may get nothing even after spending your valuable time, energy and hard money. you said one lawyer suggested you that there is no time limit and he can file a case against it any time in my opinion his advise is not up to the mark. I'll suggest, talk to party and try to fetch whatever you can.