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PROPERTY OWNERSHIP MATTER PROPERTY OWNERSHIP MATTER

7 months ago

A is the owner of a flat. He gives this flat to B (A's relative) for use only purpose. B sells the house to C without informing to A. C sells the flat to D. D is not aware of the matter between A & B. D purchases the flat in good faith from C. Now if A claims for the property after 25 years from the year of D's purchase to D. Is D liable to return the property even if it is purchased in good faith from C? Can A claim this property almost after 25 years? Is there any time bar applicable for this? Pls help!!

Kishan Dutt Kalaskar

Responded 7 months ago

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A.Dear Sir,
How we can sell the property when ‘A’ is holding title deeds with him. If documents are with ‘A’ then he can claim his property even after 25 years because it was given on permissive possession and the claim of adverse possession cannot be accepted.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
When an individual occupies a property that has been under his/their possession for more than 12 years, the title/ownership of the property on a claim is devolved upon the occupiers of the property on the ground of adverse possession. The law of Adverse Possession is contained in Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title. According to the law of adverse possession, if a person continues to be in possession of a property for 12 years or more, he is granted ownership rights to the property. In simple terms, if the occupier continues to occupy a property for 12 years without any interruption from the owner, he gets owner status for that property. For further clarification and steps in the matter, you may consult an Advocate
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