Adverse Possession
Chetan
(Querist) 20 February 2010
This query is : Resolved
But,
the person who executed the Earnest note is dead under such circumstances whether I can made a party to his Son who made mutation obejction
another is the earnest note is of 1981 and the much time has been elapsed whether it is fit for limitation Act
Raj Kumar Makkad
(Expert) 20 February 2010
Your client should file a suit for specific performance of contract and should get the registered sale-deed done through court and thereafter Panchayat or other relevant revenue officers shall have to mutate the property in the name of your client.
Arvind Singh Chauhan
(Expert) 20 February 2010
In addition to following Raj Sir's suggestion, you may file objection in mutation proceeding on the basis of such contract and adverse possession. If mutation authorities do not pay any heed to your objection, you should seek injunction from civil court on the same grounds.
B K Raghavendra Rao
(Expert) 20 February 2010
The question of adverse possession does not arise as your client has purchased part/full consideration money towards purchase of the property. Terms of earnest note need to be looked into to offer precise advise.
You cannot file a declaration or injunction suit for your client as your client is not the owner of the property as on date.
The only option left to you, as suggested by Sri Raj Kumar Makkad, is to file a civil case for specific performance of execution of sale deed by the original owner which in all probability ends up with the court ordering refund of the amount paid by your client.
Kiran Kumar
(Expert) 20 February 2010
i agree with Mr. Makkad and Mr. Rao.
there is no question of Adverse Possession in ur case.
go for suit for specific performance.
Parveen Kr. Aggarwal
(Expert) 20 February 2010
The question of adverse possession does not arise at all. Being bereft of the necessary ingredient of 'hostile possession', your permissive possession can never perfect your title by way of adverse possession.
A suit for specific performance is maintainable only if the limitation period in terms of Article 54 of the Limitation Act, 1963 has not expired.
Your possession is protected under section 53-A of the Transfer of Property Act, 1882 and you may file a suit for injunction for protecting your possession. Section 53-A of the Transfer of Property Act is reproduced below:
"53A. Part performance: Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty,and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required to be registered, has not been registered, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:
PROVIDED that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof."
Sachin Bhatia
(Expert) 26 February 2010
File a suit for specific performance of contract and get the registered sale-deed done through court.
