REGARDING LAND - PURCHASED A LAND 12 YEARS
2 years ago
I PURCHASED A LAND 12 YEARS AGO FROM A PERSON,but the land is not in the name of the person and he cheated me and from past 12 years he is telling that he will get the land in my name.Actually the land is in name of some other person.Now i am getting so much frustrated and need some solution .Kindly provide some solution that how to deal and get the land in my name.
A.Dear Client,
In relation to the relevant facts, this registered sales certificate should be considered in your favor. You also need to know if the name was listed on your rights record as the owner of the property when you made such a purchase.
In relation to the relevant facts, this registered sales certificate should be considered in your favor. You also need to know if the name was listed on your rights record as the owner of the property when you made such a purchase.
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A.Dear Sir,
You may file suit for declaration against the persons who are denying your title since you have perfected your title by way of adverse possession as per the following principle of law.
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ADVERSE POSSESSION
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 may file suit for declaration against the persons who are denying your title since you have perfected your title by way of adverse possession as per the following principle of law.
============================================================
ADVERSE POSSESSION
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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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion, it is necessary to scrutinize that registered Purchase Deed in your favour in the context of relevant fact . It is also necessary to know whether at the time of such purchase by you, whose name was recorded in the Record of Rights as the Owner of that property .
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