Adverse position

Srinath (Querist) 22 August 2020 This query is : Resolved
Sir,
Almost its 40 years we are cultivating a agriculture land, we have a sale deed, old patta book on the name of seller but seller is dead. Please let me know where and how to claim adverse position when a seller is dead.
Please suggest me the required documents.

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This discussion addresses a query about claiming adverse possession of agricultural land where the seller, despite a sale deed and old patta book, is deceased. Experts point out a contradiction, suggesting adverse possession isn't applicable if a sale deed exists. If the sale deed is registered, ownership is established, and the focus should be on updating the patta. If it's an agreement, legal heirs should be contacted for registration, or a local lawyer consulted for advice.

K Rajasekharan (Expert) 22 August 2020
This case seems to be not of adverse possession.

Adverse possession is a hostile possession by the possessor in which the owner should have neglected to evict you even though you are holding it in a hostile manner. If your possession is under permission from him then that is not a hostile possession.

If the person is dead his legal heir can claim it as per succession law. You can possess the land until the time they come to know about their claim in it.

Isaac Gabriel (Expert) 22 August 2020
Else, you continu to enjoy till anybpdy cpmesa.with claim.

Dr J C Vashista (Expert) 23 August 2020
The author is unable to submit correct facts of the query wherein contradictory statements have been posted regarding "sale deed" on the one hand whereas "adverse possession" on the other.
Be clear and resubmit your question, if you intend to seek obligation of experts, otherwise it would be appropriate to consult a local prudent lawyer with relevant documents and fact for professional guidance and necessary proceeding.

Shilesh Patel (Expert) 23 August 2020
Mr,shrinath if you have sale deed then why you need adverse possession? you're lacking with clear material fact.

Rajendra K Goyal (Expert) 23 August 2020
Whether sale deed is registered? If yes, you are owner, proceed to get entry in patta book as per procedure.

If it is only agreement, Contact legal heirs to get the sale deed registered or discuss with local lawyer, show him all the documents and proceed as per suggestions.

P. Venu (Expert) 23 August 2020
What is the relevance of adverse possession when you are having the sale deed?

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