GPA PROPERTY family issue
2 months ago
Dear Sir, I am living in a property with family in Delhi since last 25 years, currently it is situated in unauthorized colony, but GPA holder is a person in blood relation in my family, he is under pressure to leave the property. After taking some remaining money for the property from us, he wrote a letter to the Panchayat asking us to transfer the property to his name, but then he refused, and he also discontinue the electricity meter connection.
Please suggest
A.Dear Client,
Article 65 of the Limitation Act, 1963 sets a 12-year time limit for filing a suit for possession of immovable property based on title. This period begins when the possession of the defendants/tenants becomes adverse to the Plaintiff/owner. Failure to file the claim within this limitation period results in the extinguishment of the owner's right based on title. The person in possession may acquire ownership through adverse possession if the claimant's possession is continuous, uninterrupted, and hostile, despite lacking legal title.
For claims based on previous possession (not title), Article 64 prescribes a 12-year limitation period. A civil suit must be filed by the owner based on title within 12 years from the date of dispossession under Article 65, starting from when possession becomes adverse. According to Section 27 of the Act, failure to file a suit within the limitation period leads to the extinguishment of the right to recover possession. Seeking guidance and steps from a legal advocate is advisable in such cases.
Article 65 of the Limitation Act, 1963 sets a 12-year time limit for filing a suit for possession of immovable property based on title. This period begins when the possession of the defendants/tenants becomes adverse to the Plaintiff/owner. Failure to file the claim within this limitation period results in the extinguishment of the owner's right based on title. The person in possession may acquire ownership through adverse possession if the claimant's possession is continuous, uninterrupted, and hostile, despite lacking legal title.
For claims based on previous possession (not title), Article 64 prescribes a 12-year limitation period. A civil suit must be filed by the owner based on title within 12 years from the date of dispossession under Article 65, starting from when possession becomes adverse. According to Section 27 of the Act, failure to file a suit within the limitation period leads to the extinguishment of the right to recover possession. Seeking guidance and steps from a legal advocate is advisable in such cases.
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A.Dear Client,,
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. Thus, a civil suit needs to be filed by an owner on the basis of title within 12 years from the date of dispossession under Article 65 of the Limitation Act, and the time limit commences from the date when the possession of the immovable property becomes adverse to the Plaintiff/owner. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished. Reach out to an Advocate for guidance and steps.
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. Thus, a civil suit needs to be filed by an owner on the basis of title within 12 years from the date of dispossession under Article 65 of the Limitation Act, and the time limit commences from the date when the possession of the immovable property becomes adverse to the Plaintiff/owner. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished. Reach out to an Advocate for guidance and steps.
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