Adverse possession

basavaraj shiromani (Querist) 15 June 2017 This query is : Resolved
Mr X purchased the land from Y believing that, Y perfected his title by way of adverse possession against original owner A of the land. Subsequently X filed a suit for declaration against Original owner A.

whether the suit is maintainable.
whether Mr X can take such plea

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Guest (Expert) 15 June 2017
Mr. Basavaraj,

The question arises, why X wants declaration from A and why not Y from whom he purchased the land?

More so, why A should be expected to oblige both X & Y to help them, when his property has been grabbed by X, may be clandestinely by mode of adverse possession, and still further he is being dragged in the court of law also?

Rajendra K Goyal (Expert) 15 June 2017
Without knowing full case details / material facts/ related documents, nothing can be advised. Discuss with local lawyer.

Dr J C Vashista (Expert) 16 June 2017
You will have to implead the vendor i.e., "Y" also since privity of contract was between "X" & "Y".

Adverse possession does not create title in an encroached property of owner/titleholder.

The sale transaction is invalid and illegal since the vendor do not have title of the property.

"X" may recover consideration amount from "Y" and file a complaint of cheating and defrauding "X".

However, it was the duty of "X" to check title document before execution/registration of documents qua such property.

Kumar Doab (Expert) 22 June 2017
Vashistaji is right.

Adverse possession may not create title in an encroached property of owner/titleholder.

Kumar Doab (Expert) 22 June 2017
‘Mr X purchased the land from Y’
Is the sale deed registered?

If yes: It is surprising…………………….as the docs showing old chain of ownership , mutation record say;Fard/Intkaal is usually asked for.

Anyhow Vashistaji is right, as Y was not title holder.

Kumar Doab (Expert) 22 June 2017
'Buyer Beware' applies to property matters.

It is proper to avail legal opinion from a very able counsel specializing in revenue/property/civil matters and show all docs on record, for a considered opinion.
This can help to defend the long term interest and hard earned monies.