Encroachment and squattering
3 years ago
What are laws regarding encroachment on personal land in haryana.
Also regarding landlord and tenants.
Kindly share the acts of the following
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.To take preventive actions of encroachment is matter of injunction.
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A.Dear Sir,
You seems to ignorant that both the topics different. Tenant cannot claim adverse possession and he cannot be encroacher. Any way read the following. Please give me Rank 5 if you feel my answer helped you.
ADVERSE POSSESSION
In other words, whether Article 65 of the Act only enables a person to set up a plea of adverse possession as a shield as a defendant and such a plea cannot be used as a sword by a plaintiff to protect the possession of immovable property or to recover it in case of dispossession
Plea Of Adverse Possession – A Shield As Well As A Sword, Clarifies Supreme Court
https://www.mondaq.com/india/trials-appeals-compensation/844224/plea-of-adverse-possession-a-shield-as-well-as-a-sword-clarifies-supreme-court
There are many judgments and the recent one is as follows:
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Protest within 12 years or lose property to squatter
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ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.
If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.
A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.
However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.
This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.
Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”
You seems to ignorant that both the topics different. Tenant cannot claim adverse possession and he cannot be encroacher. Any way read the following. Please give me Rank 5 if you feel my answer helped you.
ADVERSE POSSESSION
In other words, whether Article 65 of the Act only enables a person to set up a plea of adverse possession as a shield as a defendant and such a plea cannot be used as a sword by a plaintiff to protect the possession of immovable property or to recover it in case of dispossession
Plea Of Adverse Possession – A Shield As Well As A Sword, Clarifies Supreme Court
https://www.mondaq.com/india/trials-appeals-compensation/844224/plea-of-adverse-possession-a-shield-as-well-as-a-sword-clarifies-supreme-court
There are many judgments and the recent one is as follows:
======================================================================
Protest within 12 years or lose property to squatter
======================================================================
ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.
If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.
A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.
However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.
This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.
Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”
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Pradeep Naik
Responded 3 years ago
A.You should refer "Haryana Urban (Control of Rent and Eviction) Act, 1973" & "Haryana Urban Tenancy Act, 2018".
Regarding encroachment on personal land you must file a criminal complaint and a civil suit within limitation.
You should consult a Local Advocate from Haryana.
Regarding encroachment on personal land you must file a criminal complaint and a civil suit within limitation.
You should consult a Local Advocate from Haryana.
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