Adverse Possession

Chetan (Querist) 20 January 2010 This query is : Resolved
In a case - my client had entered into an agreement of sale on 1981. (my clien was a purchaser)

-The earnest note was executed in the year 1981 & since then the property was in possession of my cliet.

- The seller did not execute the Sale Deed on time and therefore my client send a legal notice in 1985 but after receiving the notice the seller did not respond it...

-But till today the property is not mutated in the name of my client whereas during this period my client had rented it on time to time..

-In 2008 the Seller had died and his son in 2010 made an application for mutation of that property..

Question :- What shall i do

1) Whether I have to file a suit for Declaration, andPossession

2) To whom I have made party (to all the legal heirs or the son who made an application)

Pls provide ----urgently

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niranjan (Expert) 20 January 2010
You should file suit for declaration of ownership and permanent injunction.

Arvind Singh Chauhan (Expert) 21 January 2010
Yes follow the advice of niranjan sir.

Sachin Bhatia (Expert) 21 January 2010
1) Yes you can file a suit for declaration of ownership and permanent injunction.

2)Made party to all the legal heirs of the seller.