Encroachment of ancestoral property by neighbour

SURYA RANGAN (Querist) 02 November 2021 This query is : Resolved
Our grandmother transferred a piece of land my uncle on 1985 by settlement deed. My uncle sold the land to another person (our neighbour)on 1989. Further the neighbour constricted a building for his residence and rental income on the same year. Recently we came to know that the neighbour has encroached 5 feet of our ancestral property which still remains unpartitioned (my grandmother passed away on 2010 without knowing about the encroachment).

Now I need to know the following before filing the suit.
1. Whether the suit for possession of the encroached property will sustain without any bar in limitation period.
2. Whether the neighbour can claim shelter under adverse possession.

Also suggest me any other approach to claim our property. Also provide your contact details if you require me to contact in person.

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Quick Summary

A family is seeking legal advice regarding a neighbour's encroachment onto their ancestral property. The neighbour purchased a portion of the land in 1989 and built on it, with the encroachment only recently discovered. The key concerns are whether a suit for possession is barred by the limitation period and if the neighbour can claim adverse possession. The advice suggests the suit is maintainable as the encroachment was recently discovered and the neighbour hasn't claimed adverse possession, recommending consultation with a local lawyer.

P. Venu (Expert) 03 November 2021
Limitation commences from the date of your knowledge of the encroachment. Pleadings could be suitably drafted to take care of the limitation aspect. It would be too speculative as to the averments of the defendants and hence, futile.

Dr J C Vashista (Expert) 04 November 2021
1. Whether the suit for possession of the encroached property will sustain without any bar in limitation period.
The suit is maintainable as the date of knowledge of encroachment is recent.

2. Whether the neighbour can claim shelter under adverse possession.
The neighbour has not submitted any claim for adverse possession.

Consult a local prudent lawyer for better appreciation of facts and professional advise.

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