property
2 years ago
Mere dadaji ne purane jamane Mein friendship Mein khet karida tha. Cash deke. Direct Tumhare nam pe register Karke deta bolke dadaji ko pasaya hai. Karida bolke document nahi hai. Par khet ka taba hamare pass hai 30 sal se Abhi unke bache log khet register Karke deneke liye nahi bol rahe hai. Hamne becha bolke Tumhare pass document nahi haise bol rahe Ho. Dusreke ket bech rahe hai.hamko Fasaya hai. Abhi leagl action Kya kar sakte hai plz reply sir
A.Hi,
You can approach court for the adverse possession of the property. The Supreme court referred to the "doctrine of adverse possession", under which a person who is not the original owner becomes the owner because of the fact that he has been in possession of the property for a minimum of 12-years, within which the real owner did not seek legal recourse to oust him.
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You can approach court for the adverse possession of the property. The Supreme court referred to the "doctrine of adverse possession", under which a person who is not the original owner becomes the owner because of the fact that he has been in possession of the property for a minimum of 12-years, within which the real owner did not seek legal recourse to oust him.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can claim for the adverse possession of the property. The term adverse possession refers to a legal principle that grants title to someone who resides on or is in possession of another person's land.
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You can claim for the adverse possession of the property. The term adverse possession refers to a legal principle that grants title to someone who resides on or is in possession of another person's land.
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A.Dear Sir,
You may file suit for declaration and permanent injunction. You have to continue your possession in the land by getting stay order from the Court. If you are away from possession then it is very difficult to recover the same.
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You may file suit for declaration and permanent injunction. You have to continue your possession in the land by getting stay order from the Court. If you are away from possession then it is very difficult to recover the same.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Your Dadaji had no purchase Deed in his favour and as he had made cash payment,so that purchase cannot be proved but he is possessing the land having the intention of owning the Ownership of that land for a continuous period of 30 years without any objection from the recorded Owner and that's really important in legal perspective. As the property is in your Dadaji's and/or in your possession for a continuous, exclusive, uncontested and Uninterrupted period of more than 12 yrs being hostile to the rights and interests of the recorded owner/s, then you can claim before the Court of Law for adverse possession in that property. As per the verdict of the Hon'ble Supreme Court of India,to claim adverse possession,the possession must be open and without any attempt at concealment.
As Per the Privy Council judgment, It cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner. And if the rightfu lowner does not come forward and assert his title by the process of law within the period prescribed by the provisions of the statute of Limitation applicable to the case, his right is for ever extinguished and the possessory owner acquires an absolute title.
As Per the Privy Council judgment, It cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner. And if the rightfu lowner does not come forward and assert his title by the process of law within the period prescribed by the provisions of the statute of Limitation applicable to the case, his right is for ever extinguished and the possessory owner acquires an absolute title.
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