Is it possible to make a property document(in case a family is inhabiting in a family property for more than 20yrs)
2 years ago
Is it possible to make a property document(in case a family is inhabiting in a family property for more than 20yrs) still there is another owner for the property(the real owner is deceased)
A.Hi,
You can claim the adverse possession in 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 claim the adverse possession in 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't claim for the ownership of the property but can claim for the adverse possession. In a case of adverse possession of land there should be two aspects taken into consideration. Firstly, the nature of possession of land should be exclusive, continuous, uninterrupted and it should be actual physical possession and not merely constructive possession over the land. Secondly, the possession should be hostile to the actual owner.
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You can't claim for the ownership of the property but can claim for the adverse possession. In a case of adverse possession of land there should be two aspects taken into consideration. Firstly, the nature of possession of land should be exclusive, continuous, uninterrupted and it should be actual physical possession and not merely constructive possession over the land. Secondly, the possession should be hostile to the actual owner.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aisa koi documents nhi ban sakta hai. Kyonki ek land lord ki death ho chuki hai. Jab asli malik ki death ho chuki hai to kon documents likhega. Agar died person ka koi uttradhikari jivit hai to us se aap documents likhva sakte ho. Usko documents likhne ka adhikar hai. Kisi dusre ko nhi hai.
Aap ke anusar ki ek sawami jinda hai. Us se aap likh vasakte hai. Agar usko likhne ka adhikar kanoon deta ho. Agar nhi deta hai tab aap ko us se nhi likh vana chahiye.
Aap ke anusar ki ek sawami jinda hai. Us se aap likh vasakte hai. Agar usko likhne ka adhikar kanoon deta ho. Agar nhi deta hai tab aap ko us se nhi likh vana chahiye.
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A.Dear Sir,
Yes, the documents may be obtained from concerned authorities if available otherwise trace it out from the concerned authorities. To find out the existence of such documents you may take extract of encumbrance register for the last 50-60 years.
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Yes, the documents may be obtained from concerned authorities if available otherwise trace it out from the concerned authorities. To find out the existence of such documents you may take extract of encumbrance register for the last 50-60 years.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If that property is in the possession of that family 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 they 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.
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A.You have to tell the lawyer that how this owner got the property and how he is legally related to the real owner or not related. You need to bring out all the facts to your lawyer then he or she can decide whether legally its possible or or not. Just because the real owner is dead does not allow another person in possession to own the property as his the legal heirs of the real owner can still claim their rights and if there is no one to claim it goes to the government.
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