Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Adverse possession

(Querist) 10 May 2018 This query is : Resolved 
A sold land to B
A 's sons C and D occupied land and remained in possession for 15 yrs, B has knowledge of the activity.
A's sons C and D sold the land to X.
There s is no declaration infavour of C and D.
X is in possession of the land since 30 yrs.
Whom should X approach for conveyance. (C and D) or B--??
Ms.Usha Kapoor (Expert) 11 May 2018
X should approach A&B for conveyance. as his title got perfected by Doctrine of Adverse possession. X has been in continuous and uninterrupted- peaceful possession for the last 30 years and hence his title got perfected by doctrine of adverse possession.
R.Ramachandran (Expert) 11 May 2018
@Ms.Usha Kapoor: Assuming A and B are still alive. A has already sold his land to B. Therefore how can A again convey the same land to X now?
When B has not sold any land to anybody, how B can be asked to execute a Conveyance Deed in favour of X?
What is the legal basis for your reply?
Ms.Usha Kapoor (Expert) 11 May 2018
I'm tired.Don't put your assumptions and presumptions to the facts as original queries are enough. Ask JIgyasu.
Ms.Usha Kapoor (Expert) 11 May 2018
A man can be judged by the association he keeps. Since you're hanging around that Dhingra JI
Ms.Usha Kapoor (Expert) 11 May 2018
A man can be judged by the association he keeps. Since you're hanging around that Dhingra JI
Ms.Usha Kapoor (Expert) 11 May 2018
Open the full answer which is art the side of answer box with pen on that and you can find full answer.
BAALASUBRAMANNYAMM (Expert) 11 May 2018
Need to explain the following by the Querist.
1.Whether "B" is alive or not as of this day. If so what record he had, that he is in the possession since the date of purchase of the property.
2. On what basis C and D sold the property to X. At the time of the said transaction, whether "A" and "B" are alive or not.
3. What record X had about his possession since 30 years.
4. After a long period of 30 years, why X wants to have conveyance of the property.
R.Ramachandran (Expert) 11 May 2018
@Ms.Usha Kapoor:
As the Querist has not indicated whether or not A& B are alive, I assumed that A and B are alive since you said that "X should approach A&B for conveyance". Therefore the assumption became necessary.
Be that as it may, my query to you still persists. Why should I ask Jigyasu for doubts in a reply given by you?
CHANDRA SEKAHR REDDY LOKIREDDY (Querist) 11 May 2018
Thanks for the reply @ ADV. Usha @ADV.Balasubramanium,i appreciate.
B is alive, X is in possession for the past 30 yrs , X is in legal battle with land aquisition proceedings with the Government, now X got favourable order in his favour , hence he would like to get conveyancing in his favour. Naturally C and D will try to milk X for pecuniary gains. Since there is no declaration in favour of C and D, should X approach B for sale deed ? or should X prefer to file Declaration suit against C,D and B as defendants under adverse possession provisions ??
CHANDRA SEKAHR REDDY LOKIREDDY (Querist) 11 May 2018
or ...is there any legal provision wherein declaration can be decreed based solely on long standing possession. In telangana we have a provision in Record of Rights Act where we can obtain patta based on long standing possession but it applies only to agricultural lands. This being over period of time got included into urban area.
Ms.Usha Kapoor (Expert) 11 May 2018
I said open the full answer by clicking on thy opener l with pen icon opening. at the side of answer./I'm not interested in talking to you.
Guest (Expert) 11 May 2018
Ms Usha Kapoor seems to have got phobia from Jigyasu's name, as she named me without any context or reference to any post, not made so far by me on this thread. She should know that a corrupted brain, like her, cannot judge the worth of any person, specially of a legal expert.

Even otherwise also, any vague answer of Ms. Usha Kapoor can do to answer a clearly visible hypothetical academic question, when A, B, C, D, XYZ, etc. are made the actors of the scene, more so when the land at first remained in illegal possession of C&D for 15 years even after sale by their father and for next 30 years in illegal possession of Mr. X.

B, who was the real purchaser of land has been made to remain dormant for the last 45 years even after making payment. He seemed to have considered the price of land as donation to the father of C&D.

All that denotes the query to be a great hypothetical story.



Guest (Expert) 11 May 2018
@ Mr. Chandra Sekahr Reddy/Lokireddy,
If there is even a slightest reality in your case, why you are worried about Mr. X and with what concern. When Mr. X has won the case, let him or his lawyer contact anyone for any type of further action.
Ms.Usha Kapoor (Expert) 11 May 2018
I'm not phobic about you at all.. I Just hate you.
Guest (Expert) 11 May 2018
@ Ms. Usha Kapoor,
If not phobic, from where my reference came, when I did not make any post on this thread before you or Mr. Ramachandran. You should not forget that you replied the post of Mr. Ramachandran, without having seen any of my post on this thread. That makes quite clear that only out of some phobia you made your reply.
P. Venu (Expert) 11 May 2018
Why A, B, C, D................? Please post the relevant facts and the real issue, if any.
Kumar Doab (Expert) 11 May 2018
Thanks for thanking the Experts...
Guest (Expert) 12 May 2018
Mr. Kumar Doab, a fake expert with unreal name, if not able to render any advice, at best could get an opportunity to make one vague and irrelevant post as per his habit to add scores to his credit at least by thanking on behalf of the experts, as if their agent or tout..
Guest (Expert) 12 May 2018
@ Mr. Kumar Doab,
Thanks for thanking the querist for and on behalf of the experts, giving a very clear proof that you are merely their agent or tout, not a legal expert to render any meaningful advice.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :