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Illegal Posseision
4 months ago
It is such that bank have taken a illegal possesion of my property as due to looses in business i could not pay the said amount after investigation the legal paper and geeting papers under mahiti adikar from district magestri office it was found that i have just morgaged 1000 sq ft of land and bank has been taken possesion of whole property of 2000 sq ft and the case was just disposed of by supreme court can there be any way to getproperty back i case the property is too fully sold to a person and he has taken a posseison and staying with his family
A.Dear Client,
For lack of few important information relating to date of Courts Order, date of auction sale, date of possession of property by the present owner/occupier, it is difficult to address your query. However, in short, it is to inform that if the quantity of mortgaged land fall short to write off your debt, Bank can approach the Court for attachment of entire property/land and accordingly based on the order of Court, Bank can attach your entire land and sold it through auction and highest bidder of the auction sale was given the possession of land after registration of land in his favour. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendants/tenants becomes adverse to the Plaintiff/owner . So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on the title stands extinguished and the person who has possession of the immovable property shall become the owner as per the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation period/duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the property despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. So, to access your right to claim back the said property, you need to consult with an experienced property lawyer with all the relevant papers of property and loan agreement for guidance and steps.
For lack of few important information relating to date of Courts Order, date of auction sale, date of possession of property by the present owner/occupier, it is difficult to address your query. However, in short, it is to inform that if the quantity of mortgaged land fall short to write off your debt, Bank can approach the Court for attachment of entire property/land and accordingly based on the order of Court, Bank can attach your entire land and sold it through auction and highest bidder of the auction sale was given the possession of land after registration of land in his favour. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendants/tenants becomes adverse to the Plaintiff/owner . So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on the title stands extinguished and the person who has possession of the immovable property shall become the owner as per the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation period/duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the property despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. So, to access your right to claim back the said property, you need to consult with an experienced property lawyer with all the relevant papers of property and loan agreement for guidance and steps.
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