Adverse possession
2 years ago
I have general power of attorney by original owner dated 25.1.1992 to lookout affairs.But original owner son sell this property to third party on 2002 without informing me. Third party file suit on me dated 14.04.2004 for rent or vacant the said property. Can I claim adverse possession on such property because continuous 12 years reckoning from 1992 to 2004.Kindly advice
A.Dear Sir,
You can try for it because you entered under a legal document. Further, the recitals of the said General Power of Attorney is to be looked into. Thus, you may approach the Court and first get temporary injunction order against all the orders and thus protect your interest and possession.
Rate me Five Star*
You can try for it because you entered under a legal document. Further, the recitals of the said General Power of Attorney is to be looked into. Thus, you may approach the Court and first get temporary injunction order against all the orders and thus protect your interest and possession.
Rate me Five Star*
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.You have told that original owner was giving you GPA but the property was sold by his son. Therefore it is necessary to know whether son has ownership in the property also along with his father or the original owner was dead then. Please take note that after death of original Owner,your GPA comes to an and becomes inoperative absolutely and for ever. So specify the fact in details to get proper opinion.
Helpful
Helpful
Share
A.Hi,
For claiming adverse possession of land, 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 and Secondly, the possession should be hostile to the actual owner. If you meet these eligibility criteria, you can proceed.
Please rate my answer
Thank You
For claiming adverse possession of land, 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 and Secondly, the possession should be hostile to the actual owner. If you meet these eligibility criteria, you can proceed.
Please rate my answer
Thank You
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
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. Please contact a lawyer with the facts of the case.
Please rate my answer
Thank You
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. Please contact a lawyer with the facts of the case.
Please rate my answer
Thank You
Helpful
Helpful
Share
Read Related Answers
Covered garage
Dear Client,
The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other fac...
Government Land Occupying
Dear Client,
The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Digging borwell infront of my house without permission
Dear Client,
If the land/place belongs to the Government, then your permission is not required. You cannot raise your voice against the installation of a borewell near/in front of your house. Your obj...
Property documents
Dear Sir,
It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
