Adverse possesion
kishore
(Querist) 30 January 2015
This query is : Resolved
Sir "X" is property.....owner is "A"....later A owner died she has no sons&daughters...later Propert X is disputed in court between "A"...s husband brothers ...B &C....but possession of property was under B...but dispute civil case was running ...case file in 2000 ...between B &C....in 2005 B made unregistered sale deed...property "X"to new buyer "K".....but still court case is pending ...next right now possession of property was under "K"...next "K" saying he as possession of property 11 years so he is owner claiming he is having adverse possession...whether B has right to sale property which in court case ...next how many years unregistered sale deed is agreement .....next possession of property by" K" will get owner ship rights becaz of adverse Possesion ....
P. Venu
(Expert) 31 January 2015
Prima facie, this is not a real problem.
Rajendra K Goyal
(Expert) 31 January 2015
Un-registered sale deed does not amount to sale legally.
Consult local lawyer and show him full case file.
prabhakar singh
(Expert) 31 January 2015
IF K HAS SET UP THE PLEA OF SALE DEED,MAY BE UNREGISTERED,HE IS BARRED FROM CLAIMING IT BY ADVERSE POSSESSION AS HIS POSSESSION OVER X IS BY A SALE DEED WHICH HAS FAILED TO PASS ON TITLE ON HIM FOR WANT OF REGISTRATION.
OTHERWISE ALSO 11 YEARS OF POSSESSION DOES NOT CONFER ADVERSE POSSESSION.
K CAN PROTECT HIS POSSESSION ONLY WHEN HE SUCCEEDS IN PROVING THAT B WHO VENDED HIM AND PUT HIM IN POSSESSION IS THE RIGHTFUL OWNER.
Dr J C Vashista
(Expert) 01 February 2015
I agree with expert advise of Mr. Prabhakar Singh.
"Adverse possession" is totally different proposition to that of "title holder", who has stated to have purchased the property on a Sale Deed. However, sale deed has to be compulsorily registered document.
What is the relief claimed in the suit pending adjudication?
Contact and consult your lawyer.
Prima facie it is a hypothetical case.
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
A hypothetical query. K's title itself is not confirmed hence no adverse possession. Be in touch with your lawyer. Above experts have given clear picture to your query.
