Unregistered sale deed

Querist : Anonymous (Querist) 28 November 2009 This query is : Resolved
Hi,

I have purchased an agriculture(14.5 acre) land a few months ago. Among the mother documents, one of it says,

1. He(seller to me) purchased 21 cents from X (who was neighbour) thro' unregistered document dated back Jan-1974, worth about Rs 175.00. This 21 cents is part of 3.21 acre. The X guy kept the remaining land for his own purpose.

2. My seller was in possession for this 21 cents since 1974. On the same month of 1974 ,my seller applied for the name transfer to the revenue department.

3. The revenue department reviewed and approved. Then they merged the above 21 cents with his existing land. B'cas these lands are coming under the same survey number but different sub-division. For the proof the revenue department sent the mutation proceedings to my seller on 1977, which clearly states that my seller is the owner of this particular 21 cents.

4. I have an adangal record(possession record) since 1977 for every year till date.

Now here is the problem....

There is another guy (who is also a neighbour to this 21 cents land) now claiming (after I purchased that land) that he is the owner for the above 21 cents. I've asked him to show the document. I have checked that document. It's a registered document, executed by the X's wife and his children on 1976. B'cas X(the guy who sold to my seller) was died on 1975. But he doesn't have any possession records till date. The thing is that this guy(who is claiming the title for 21 cents now) and my seller were neighbours for more than 40 years.

Here is my question,
1. do you think I'm the title owner since I have the possession record with peaceful enjoyment without any problems for more than 12 years. I mean 'Adverse possession'.

2. The opposite party is asking me for the compromise in the sense that asking for money to give his rights. What do you think?

Thanks in advance.
-Raju Jagadeesan.

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adv. rajeev ( rajoo ) (Expert) 28 November 2009
U could have regd., the sale deed of what you purchased, it is your mistake not to do so.
Second one the person who is claiming now has got regd., sale deed executed by X's legal heris. so the regd., deed is valid and entry to revenue records amounts to stray entry which has no value in the eye of law.
If the second purchaser files suit for declaration and possession against then you will have to hand over the possession, no adverse possession defense will help you.
So it is better to compromise with him.

Murtaza Chherawala (Expert) 28 November 2009
As regards Adverse possession, the law was very conclusive till some time ago, when the Supreme Court has doubted whether the same hold in these times of land grabbing.

I have attached the recent Supreme Court judgement, which will clarify your position.

You need not compromise if you have possession of the property, since your possession is not illegally obtained, though your document may be un-registered.

You are also holding the status of a 'Bonafide Purchaser', since your neighbour failed to get his name in the revenue records for twenty five years.

In case your neighbour goes to court, he shall firstly face the hurdle of limitation.