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.
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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.
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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.
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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.
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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.
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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.
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