Adverse possession
Mohammed Rizwan Shaikh
(Querist) 03 September 2012
This query is : Open
Sir/ Madam,
Mr. A is having a proprietorship firm M/s. XYZ on land bearing Survey No. *** admeasuring 101 acres, the only access to this land is from low lying land having multiple survey nos. admeasuring 13 acres.
These 13 acres was purchased by Mr. Z in a Joint Venture. Later Mr. Z gave POA to Mr. A's another partnership firm M/s. ZYX in which his 3 sons were partners including him. 2 sons expired and only one is alive. Mr. A's share in the firm is 10%
Few years back, the original owners of 13 acre land sold it to Mr. X. And in that agreement, the original owners clearly mentioned that the Mr. A is in possession of the 13 land and that too forcibly. Apart from this the original owners even stated that Mr. Z didn't complete the transaction, which is why the original land owners of 13 acres sold it to Mr. X.
So now in such circumstances Mr. A only is in possession of that 13 acres since past 40 years. Mr. A's son (partner) is torturing him mentally and started harassing him. He even sold several properties and rights by taking advantage of Mr. A's health and age. At some places Mr. A's son even sold properties by stating that Mr. A has expired.
Through some reliable sources, we have come to know that the son of Mr. A took some token amount for the 13 acres in regards to sell the possession rights.
1. Can Mr. A's proprietorship claim Adverse Possession on the 13 Acres land from Mr. A's partnership firm OR Mr. A will have to claim it with the Original Owners.
Sincerely requesting your valuable advice on this serious matter, Mr. A is 84 years old.
