Advese possession
siri
(Querist) 08 December 2011
This query is : Resolved
endee had filed for recovery of earnest money from me stating that my Title is not clear & marketable because I had only gift registeration deed in my name from year 2008 of said residential property that was given by my husband & there was no registered Title document of my husband or any registered link documents for said property which comes under breach of contract.
1)Whether I can defend my case that I had Title document of Gift registeration deed in my name from year 2008 that was gifted by my husband.My husband got that shared property through unregistered family settlement from year 1989 which shows his entry of possession & there onwards he started enjoying property by growing cattles later on year 200 cattle shed & 4 side boundary walls constructed & started enjoying said property continuously,openly,undisturbed possession with out dispute till date of year 2008 more over he paid taxes from year 2007 & it is continued till date of year 2011.i.e I perfected my Title through adverse possession(including undisturbed ,open possession of my husband &me for last 22 years).Hence no need of giving earnest money back
My question is
1)Whether I can use adverse possession to defend for above case.
2)PLZ tell any suggestions & remedies & any changes of my arguments
Raj Kumar Makkad
(Expert) 08 December 2011
1. There is no requirement of using the term adverse possession in the case of your husband as he is a co-sharer in the joint property which has been got partitioned in family settlement and due to that account, he is free to gift it and after being donee, you have full right, title and interest to subsequently sale it.
2. You are not bound to return even a single penny rather you should defend your case vigorously and effectively. There is no fault in your case.
You should not take plea of adverse possession rather confirm to the mutual family settlement and full ownership of your husband over the property under sale prior to gifting it to you.
siri
(Querist) 09 December 2011
Dear sir,Whether I can defend my case by taking plea of adverse possession.i.e.IF SO PLZ ADD SOME MORE WORDS FOR BELOE PARAGRAPH FOR HAVING STRONG DEFEND..
Saying in court that I had Title based on document of Gift registeration deed in my name from year 2008 that was given by my husband.Actually my husband got that property through unregistered mutual family settlement document of year 1989 which is alreay admitted by vendee during his filing the case which also shows my husband entry of possession for said property & there onwards he started enjoying property by growing cattles,hecks & in year 2000, he constructed cattle shed & 4 side boundary walls around property & started enjoying said property continuously,openly,undisturbed possession to all with out dispute up to year 2008 more over he started paying taxes from year 2007 & it is continued till date of year 2011.In fact I matured my Title as clear & absolute marketable by way of adverse possession also.(Total 22 years including undisturbe,open possession of my husband & me )
.Hence no need of giving earnest money back
