Limitiation Act and eviction
Querist :
Anonymous
(Querist) 18 September 2010
This query is : Resolved
If someone is living in my ancestral property since 15 years and now I'm heir of the property after moving back to my ancestral district from place where I was born and lived all my life. How can I evict the person and claim possession?
I am now 29 years old and although Limitation Act states 12 years to bring suit for immovable property, it also state that time does not run against minors. So limitation time starts from 18th birthday and nobody under 30 years of age can be prevented from filing suit for possession of property, regardless of the period of non-owner's occupation, since 12 years of plaintiff's majority are not completed until 30th birthday. After 30th birthday, I would be outside limitation. Is this true? I am very interested to hear forum members opinion as this is what my lawyer told me. Whatever the period, adverse possession cannot be claimed against me and nor can my suit be dismissed in lowest court on ground of expired limitation. He said court must allow me to bring suit and occupier cannot use adverse possession as defense. After my 30th birthday, opposite applies and my title is extinguished.
Also, how does one file suit to evict such occupant? Suit for wrongful possession or eviction? I am not sure of the technical term and how exactly to file. The occupant is not known to me as I am yet to confront him but I wish for him to be gone.
Amita Chaudhary
(Expert) 18 September 2010
how did the person came in possession... lodge a complaint for trespass with the police on the basis of ownership documents..yes your advoacte has rightly advised you...
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 September 2010
