Land case
1 month ago
I want to get back my land which is occupied by my uncle, and he is living in my property since 15 years , but i have all documents in my name, what is the procedure to file case against him in west bengal? Can i file case in police station?
A.Dear Client,
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. 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 by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title shall be extinguished and the person who has possession of the immovable property shall become the owner based on the theory of adverse possession. It may be noted that 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 duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. Thus, when the property has been under the possession of your uncle for the last 15 years, your claim on the said property is now barred by limitation. Reach out to an Advocate for guidance and steps.
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. 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 by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title shall be extinguished and the person who has possession of the immovable property shall become the owner based on the theory of adverse possession. It may be noted that 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 duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. Thus, when the property has been under the possession of your uncle for the last 15 years, your claim on the said property is now barred by limitation. Reach out to an Advocate for guidance and steps.
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A.Dear client, if your uncle adamant and not willing go out of your land, you can file a complaint on the grounds of trespass, which is an offence under both tort law and indian penal code.
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A.Dear Sir,
He is in illegal possession you may get into possession on the basis of all the original documents or you can go to Civil Court and file a suit for recovery of possession from your uncle.
He is in illegal possession you may get into possession on the basis of all the original documents or you can go to Civil Court and file a suit for recovery of possession from your uncle.
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