Adverse possession

This query is : Resolved 
 


Querist : Anonymous (Querist)
06 December 2011

My friend is a small builder and entered a irrevocable power of attorney duly registered for development.Builder constructed one flat which was unapproved and kept the same for 13 years ,all 13 years tax assessment,electiricy,water connection is in builder name,he was rented the same for 13 years,now he is offering to me for cheaper price and told me that he has not received the title transfer from land owner,through adverse possession he is the owner of that flat with undivided share and he can transfer his title through registeration.

I am not going for nay loan,is it worth buying


ajay sethi (Expert)
Click to Talk
06 December 2011

must avoid . title is not clear


Querist : Anonymous (Querist)
06 December 2011

Thanks Mr.Ajay Sethi

Would like to know whether my friend (builder) is having title rights under adverse possession on unapproved flat with UDS registered thro his GPA.

What will happen during the demolition of the entire flats(7Nos) since the builder is having UDS.

If he waits untill that period ,he may have clear title for UDS.

ajay sethi (Expert)
Click to Talk
06 December 2011

what is UDS?


Querist : Anonymous (Querist)
06 December 2011

undivided share of lands


Querist : Anonymous (Querist)
06 December 2011

Landowner given POA to develop 3500 sq.ft and buiulder developed 6 flats and sold,one unapproved flat kept by builder for which he is having articles of agreement with landowner that builder can keep,articles of agreement was not registered and its only in green sheet.

All 6 flat owners are having Each 1/7 th of 3500 Sq.ft
so builder also having equal sq.ft of undivided share of land in 3500 sq.ft,builder executed the settlement deed to his son,duly registered and stamp duty,regn fee paid,his son is in abraod and issued a registered GPA to his father for sell his flat

Devajyoti Barman (Expert)
Click to Talk
06 December 2011

If the property comes cheap you may take the risk.
But must bear in mind that the title of property is not CLEAR.



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