Adverse possession
Uday Sen
(Querist) 06 October 2014
This query is : Resolved
Respected Advocates, please help me.
The property is having A+B+C rooms in 10 decimal area and 20 decimal area is open. I have entered in B in 1983 as a tenant. A was given to somebody else and while C reserved by a Care Taker of that property. In 1998 A vacated the premises and in 1999 the care taker left. In 1999 I occupied the A and C house. I paid rent till 1998. The Landlady had no child and her husband also expired and was leaving in Asram. She comes once or twice a year. In 2000 I have constructed one room, there after in 2002 constructed toilet and bathroom and repaired the well and thereafter continuously maintaining the property till date. I am into physical possession.
The landlady expired in 2011. In September-2014 suddenly some of her relatives sold the property to X.
I am still into physical possession.
Now what remedy I have ?
Please advice me.
Anirudh
(Expert) 06 October 2014
For all times to come you are only a TENANT. By no stretch of imagination you can ever claim any adverse possession of the property.
The purchaser of the property has every right to ask you to vacate.
Dr J C Vashista
(Expert) 06 October 2014
Did you get any will executed in your favour by deceased landlady? Otherwise you are a tenant for all purposes and shall have to hand it over to LR of landlady or purchaser.
If the vendee can prove to have made clear sale/purchase transaction, till declaration of actual owner (successor of landlady) stay in the property.
Guest
(Expert) 06 October 2014
Have a Discussion with the present Owner thro proper person for a mutual settlement.Consult your Local Advocate.
ajay sethi
(Expert) 06 October 2014
agree with Mr anirudh
Uday Sen
(Querist) 06 October 2014
There is no Tenancy Bill or Receipt issued by the landlady ever. It was orally settled. Under these circumstances, if I claim that I am in possession for a long time, can it help me?
Uday Sen
(Querist) 06 October 2014
Further, the successors those who have sold, has not been declared by any Court. They themselves has affirmed an affidavit and based on that sold the property to X.
Advocate. Arunagiri
(Expert) 06 October 2014
It may be true that you are in possession for a long time, but as TENANT.
You entered in the property as a tenant, assuming that you have not paid even a single rupee as rent, still you are a tenant.
The new owner can file a eviction petition.
You can cannot claim adverse possession.
Guest
(Expert) 06 October 2014
You hold the Electricity Bills and also pay the relevent taxes and hold the receipts with you.Consult a Local Advocate and be prepared for any Legal Proceedings by the Other Side.Let them Prove their Genuinity in Courts.
P. Venu
(Expert) 06 October 2014
You are seeking opinion as to remedy available to you without making not even a whisper of the alleged infringement or distortion of your rights, if at all any.
Rajendra K Goyal
(Expert) 06 October 2014
TEnant is a tenant. He can be evicted if not paying any rent and did addition alteration without proper permission.
You have every right to challenge the authority of seller as legal heir and title of the purchaser of the property. Case may take years and years, till then enjoy without paying rent like now. Consult a local lawyer.
K.K.Ganguly
(Expert) 06 October 2014
1. You are the tenant of room B and admittedly an occupier of room A & C,
2. You can not make any construction on other's land,
3. Under no circumstances, you can claim to be an owner of the said property,
4. Do not make any further construction as otherwise you will loose your money spent for the said purpose.
Uday Sen
(Querist) 08 October 2014
Is there is any way, so that I can protect this property?
If I do not disclose as tenant, in that case, will it help me? Because, there is no documentary proof of tenancy.
Dr J C Vashista
(Expert) 08 October 2014
Unnecessary extention of this thread, please stop.
The experts have already advised you in unambigous terms even if so sure to retain the property, it is your choice, then seek the services of a local lawyer
P. Venu
(Expert) 08 October 2014
I agree. We are here to suggest means for availing of protection of law, not taking advantage of it.
K.K.Ganguly
(Expert) 08 October 2014
1. The property is not yours,
2. So, you are no body to protect the property,
3. You can try to protect your tenancy right only,
4. You will not be able to grab the property legally,
5. Our law is not that weak.
Uday Sen
(Querist) 08 October 2014
I had a discussion with the original owner before she died, that she will register the property to me and I paid 2 lacs in installments. But it is all verbally and cash paid. Because we only looking after the lady for 33 years and she trusted us. We helped to locate and sell a number of property which she sold with the help of us. Our relation was good. And we do not have legal knowledge on that time, neither we tried. If we were not there, the entire property could have been captured like others. But we protected. Tough she was not our relative, we we have a very good relation. Suddenly she died and reason so, some incomplete work remained. None of her relatives, never came to see her, look after her, and she spent all her time in Ashram. Now suddenly after her death so many claims are coming, and I really do not have any knowledge about who is original. This is the summary of this story. I have consulted two local lawyers, but they expressed two different opinions. So I am trying to attain finality through this forum.
K.K.Ganguly
(Expert) 08 October 2014
1. 'You looked after the person or looked after the property otherwise it would have been captured by some one else'. Your said such claim is understood,
2. The above service of yours do not entitle you to grab his property legally without any Deed registered in your name.
malipeddi jaggarao
(Expert) 09 October 2014
Irrelevant query and discussion.
Your query should be limited to only one aspect- Is there any remedy to stall the eviction temporarily. Instead of asking that remedy you are eyeing on the property.
T. Kalaiselvan, Advocate
(Expert) 09 October 2014
You being a tenant you do not have ownership rights. If you claim that somebody made some documents in their favor and sold the property, you too could have adopted such illegal measures to grab the property. You have been advised well by all experts, better take wise decision instead of wasting more money on some misguidance.
