Adverse Possession

Chetan Pardakhe (Querist) 24 January 2010 This query is : Resolved
My client was came ito agreement of sale a house property. The earnest note was executed in 1981 in favour of my client
since then the property is in posession of my client

No sale Deed has yet executed...

The seller died in 2008 and his son applied for mutation the property in hs name

What Shall I have to be done that I live their since 1981 and I have only a Earnest note

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A V Vishal (Expert) 24 January 2010
Adverse possession is a concept whereby title to a property comes to rest in a person who has no right thereto, but who asserts a right thereto, openly, continuously and hostilely against all the world including the real owner, for 12 continuous years.

If a person does so for this statutory period, they are said to `prescribe' title to the property. Such possession which is `open', `continuous' and `hostile' is called adverse possession, since such possession is adverse to the interests of the real owner.

However, since there is a agreement of sale and the subject property is in your possession, you can file a suit for specific performance to register the property in your name against the LR's of the deceased vendor.

Raj Kumar Makkad (Expert) 24 January 2010
Repeated quarry

N RAMESH. (Expert) 31 January 2010
I agree with MR.vishal

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