Adverse possession
Querist :
Anonymous
(Querist) 10 September 2011
This query is : Resolved
Sir,
My grand father allowed one of his
sister's son 'A' in our house for long time.
He sold the property to the neighbour 'B' without
our knowledge and died. 'A' has tax paid receipts too.
'B' is claiming adverse possession.
Please help me what shall I do for this
R.Ramachandran
(Expert) 10 September 2011
"He sold the property to the neighbour 'B' without
our knowledge and died."
What is the "HE" whether it is your grand father or "A"?
If the property is sold to "B", why "B" should claim "adverse possession" instead of "possession" as a right royal buyer?
You have to shed more light on facts, if you want an appropriate answer to your query.
Advocate. Arunagiri
(Expert) 10 September 2011
When the property was sold by A?
When you know this transaction?
MR.RR had rightly asked, if B things that he is the bonafide purchaser, why should he claim adverse possession.
On what authority A had sold the property.
Is it a real case or just academic query?
Querist :
Anonymous
(Querist) 10 September 2011
He is 'A'.
ie: 'A' sold the property to 'B'
'B'is claiming 'A' is righful owner
by means of 'A's adverse possession
so that 'B's purchase is valid.
My grand father had made partion deed
mentioning about the property in that.
Thanks for your immediate reply
R.Ramachandran
(Expert) 10 September 2011
In your first post you said: "He sold the property to the neighbour 'B' without
our knowledge and died."
Do you mean to say "A" has died?
Whether your grand father is alive now?
Why don't you answer the points raised by Mr. Arunagiri as well regarding:
When the property was sold by A?
When you know this transaction?
Advocate. Arunagiri
(Expert) 10 September 2011
You have not answered my query?
When the property was sold by A?
When you know this transaction?
You are contradicting your own statements. initially you say that B is claiming Adverse possession. Now you say A is claiming adverse possession.
Once again I ask, Is it a real case or just academic query?
Querist :
Anonymous
(Querist) 10 September 2011
It is a real case.
'A'sold the property on 22-11-2000
The case is filed on 2009.
'A' had assumed himself as the owner
of the property.
R.Ramachandran
(Expert) 10 September 2011
I will not be attending this question since you are not forthcoming with the information sought. You selectively give the information and not at one go.
Advocate. Arunagiri
(Expert) 10 September 2011
How long A was in possession?
Why B is claiming adverse possession instead of claiming as a bonafide purchaser?
Whether A was staying along with your family in the house or it is a independent property?
Come out with more relevant information.
Querist :
Anonymous
(Querist) 10 September 2011
Yes Sir, It is a real case.
My grand father died in 1965.
'A' sold the property in 2000.
Subsequently one year later I came to
know.
'A' passed away due to his old age
in 2009. His age was 82.
'B' is claiming adverse possession on behalf
of 'A'
Querist :
Anonymous
(Querist) 10 September 2011
It is independent property.
The Neighbour 'B' was eyeing on this
property for long time and brainwashed 'A'
to make him sell the property to him.
Querist :
Anonymous
(Querist) 10 September 2011
'A' was living there nearly
30 years
Advocate. Arunagiri
(Expert) 10 September 2011
Your information seems to be incorrect.
Your grand father died in 1965.
'A' was in possession / living in the property for 30 years.
You mean to say that A came to possession of the property only after the death of the Grand father.
Your statement that B is claiming adverse possession on behalf of A is childish claim.
'A' sold the property in 2000, you know this in 2001 (one year latter), but you filed the case only in 2009.
Lot of contradictory and hypothetical sequences in this query.
So, I refrain myself in replying further.
Querist :
Anonymous
(Querist) 10 September 2011
Sir,
I am really very sorry. Since I do not
know what all the info needed, I could not
do it at the one go.
'A' was staying from 1963 to 2000
ie 37 years not 30 years.
I have told approximately 30 years.
prabhakar singh
(Expert) 10 September 2011
B in this case can set up three defenses.
YOU might be claiming that A was not the owner,hence he had no right to sale hence sale by A to B is Void.
AND B is claiming that A was adversely possessing the property sold by him and B as a neighbor always saw him treating him self to be owner of the property,hence believing him owner B bought from him and hence B is Bonafide purchaser for value.
FOR PROVING ADVERSE POSSESSION TITLE ON A PROPERTY ONLY 12 YEARS IS NEEDED WHILE HE WAS THERE FOR 37 YEARS.
what left,in my opinion B has good case UNLESS you have set up a case of licence on the ground of relation that as A was son of sister, he was given life licence to live in the house in question which can be most probable case and if you succeed in proving the fact that he was sisters'son,then it becomes quite believable and probable that A's entry must have been by permission only .Then B 's adverse possession case shall get demolished as one whose entry is proved by permission can not claim adverse possession.So this is how B's case of adverse possession can be demolished.
I am not aware what case has ben set up in the plaint by you.If it is not so there i advise you to bring this set up by suitable amendment in the plaint.
Querist :
Anonymous
(Querist) 11 September 2011
I am extremely thankful to Mr.Prabhakar Singh
for clearing most of my doubts.
Also I thank all the experts participated
Querist :
Anonymous
(Querist) 11 September 2011
For better understanding I narrated
the entire story chronologically:
My grand father allowed one of his
sisters' son 'A' to stay in our house for long time.
'A's father expired and on mercy basis my grand father permitted him to stay.It is independent and anchestal property
My grand father made a partion deed mentioning the property in 1963.
My grand father died in 1965.Due to 'A's close relationship, even my father
allowed him to continue.
AS the time went by, 'A' started behaving as if he was the owner of the property.
The neighbour 'B' misused the situation and
slowly brainwashed 'A' to make him to sell the property to him in 2000.
'A' was staying from 1963 to 2000- nearly 37 years.
'A' passed away due to old age in 2009 at the age of 82.
The case was filed on 'B' in 2009 stating that'A' was not a bonafide owner
of the property and therefore the sale done by 'A' was bogus and void"
On the other hand 'B' side replied that 'A' was holding the property by adverse possession and the sale was true and genuine.'A' has tax paid receipts too.
I objected to tax authorities
to cancel the tax paid receipts stating the false ownership.
Please help me how to proceed further.
prabhakar singh
(Expert) 11 September 2011
"The case was filed on 'B' in 2009 stating that'A' was not a bonafide owner
of the property and therefore the sale done by 'A' was bogus and void"
THIS MUCH WAS ALREADY ANTICIPATED BY ME ONLY ON THIS PREMISE MY PREVIOUS ANSWER IS.
AN CASE YOU NEED MY OPINION IN PARTICULAR ,THEN YOU NEED TO ATTACH THE PLAINT AND WRITTEN STATEMENT COPIES WITH ISSUES,IF ANY,FRAMED BY COURT.ALSO TELL THE STAGE OF THE SUIT AT PRESENT.
Querist :
Anonymous
(Querist) 11 September 2011
Sir,
I do not have soft copies and I have to retype several pages.I will do that and send to you.In the meanwhile I want some clarifications for the following:
1. Permissive possession became adverse
from the date 'A' had sold the property
in 2000.But property itself gone out of
'A's hands from 2000.It means that after adverse, he did not stay in the property.Therefore there is no adverse possession at all.
2. even if it is considered, since the
case is filed in 2009,therefore only
9 years happened- not 12 years.
Can we argue in these lines
prabhakar singh
(Expert) 11 September 2011
Your latest notion (1) is absolutely misconceived.The adverse possession being claimed by'B'in favor 'A' from the more than past twelve years from the date of'B's purchase made in 2000.
(2)It is not 'B' who is claiming adverse possession.'B' is claiming as bonafide purchaser for value from 'A'and telling that'A' during all past more than 12years before his purchase in 2000 have been behaving as owner.This plea has been set up by 'B' to defeat the title your grand father had over the property.
Querist :
Anonymous
(Querist) 11 September 2011
Therefore notion 1 is absurd.
notion 2: 'A' was living in a peaceful environment till 2000.It became adverse
only when I came to know that he sold the
property in 2000. Therefore the previous
years of stay would they consider?
Also what shall I do in this environment?
prabhakar singh
(Expert) 11 September 2011
"Therefore notion 1 is absurd." you are now right in your thinking.
notion 2:
I think you must be having proof of the fact that A was son of your grand father sister.
Then if you succeed in proving that his entry in the disputed house was by permission for the reason that he was father less with no home hence he was permitted to live in the house by your grand father.
Once this permissive entry is proved by you,the case of 'B' that 'A' was in adverse possession can be proved because law does not allow an entrant by permission such as tenant or a licensee to set uo a plea of adverse possession. why do not you understand this point.
Your query gets solved now from my end.
Querist :
Anonymous
(Querist) 11 September 2011
Sir,
I understood fully well and I will
go in the same direction.
I thank you very much.
