Adverse possession
Rastogi
(Querist) 31 August 2014
This query is : Resolved
Mortgagee was depossessed of usurfructory mortgage 20 years back, Mortgage money is still not paid. For some reason Mortgagee could not institute a suit immediately. Can we institute suit now? is it barred by limitation Act? Whether the limitation period is 12 years for adverse possession or 30 years
Rastogi
(Querist) 31 August 2014
sir, what you mean by Academic query.I did not understand your response.
Devajyoti Barman
(Expert) 31 August 2014
Is it a practical problem? If yes then give background details of the problem.
Rastogi
(Querist) 31 August 2014
My father(mortgagee)entered in to usurfructory mortgage in 1988 for 3 years and was in possession for 2 years. in 1991 My father expired. Mortgagor took the property and continued the possession. We were not aware of this mortgage. Now as a legal representative can we file suit for recovering the possession? or is it barred by limitation?
Anirudh
(Expert) 31 August 2014
The limitation stands hopelessly barred and as such it is not possible for you to agitate the issue before the Court now.
Dr J C Vashista
(Expert) 01 September 2014
It is time barred, discuss the matter with mortagagor and get the matter sorted out amicably i.e., out of court.
ajay sethi
(Expert) 01 September 2014
suit is barred by limitation
malipeddi jaggarao
(Expert) 01 September 2014
Who knows mortgagor might have even paid the amount to your father. Even otherwise also claim is barred by limitation. For usufructory mortgage possession with mortgagee till the dues are paid is important. When the possession is not with you people, what claim you have against the mortgagor?
Surrender K Singal
(Expert) 01 September 2014
As you were not aware of mortgage or not aware of the possession ? When / how did you come to know ?
T. Kalaiselvan, Advocate
(Expert) 04 September 2014
From your information it appears that your case is barred by limitation hence there wont be any use of agitating over the issue at this stage, however consult a local lawyer and arrange for a negotiation on the issue and see what maximum benefit you can derive without approaching a court of law.
Rastogi
(Querist) 08 November 2014
Can mortgagor institute a suit against mortgagee since he is possession for more than 12 years. Since Mortgagee is trying to tresspass the propety now.
Under what grounds Mortgagor can file a suit to avoid Mortgagee tresspassing?
Dr J C Vashista
(Expert) 09 November 2014
You have adequatly been advised by experts, now consult local lawyer and proceed.
Anirudh
(Expert) 09 November 2014
Even according to you the mortgagor was in possession of the property.
The Mortgagee is trying to tresspass the propety now.
The fact that mortgagee is tresspassing the property NOW, is enough for the Mortgagor to file a suit for permanent injunction against the mortgagee.
The claim of the mortgagee that 20 years back the property was mortgaged and after 2 years the same was dispossessed but could not be agitated etc. will not cut ice before the court.
Surrender K Singal
(Expert) 09 November 2014
If mortgagee is tresspassing the property NOW, it is enough for the Mortgagor to file a suit for permanent injunction against the mortgagee.
