Adverse possession

Vinayak Patil (Querist) 14 December 2024 This query is : Resolved
If possession is under agreement to sale but this agreement is void and vendor hasn't taken any action to take possession for 50 years
So can vendee claim adverse possession?

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Quick Summary

This discussion examines whether a vendee can claim adverse possession when the agreement for sale is void, but they have held possession for 50 years. The situation involves a 1966 agreement and a subsequent court order in 1969 recognising possession through part performance of the contract. The core question is whether the vendee's long-term, undisturbed possession can lead to a claim of title, especially since the vendor has taken no action for decades.

kavksatyanarayana (Expert) 14 December 2024
Why did you keep silence for all these years? What are the facts of the query?

Vinayak Patil (Querist) 14 December 2024
Limitation for Specific performance of contract barred

Dr. J C Vashista (Expert) 15 December 2024
Normally possession of the property under sale is not handed over to the vendee till full and final payment has been made, whether payment has been received by the vendor in instant case ?
The property under agreement to sell with possession for 50 years is an unbelievable statement.

Vinayak Patil (Querist) 15 December 2024
A person executed agreement to sale in 1966 with my grandfather after few months he filled suit against my grandfather on ground that illigal possession after the proceeding court has ordered in 1969 that we have possession through part performance of contract
From that till today no action initiated by both side

T. Kalaiselvan, Advocate (Expert) 15 December 2024
The buyer either can file a suit for specific relief to get the sale deed executed by the vendor as he had handed over possession long ago on the basis of sale agreement, that way it may not be barred by limitation alternately he can file a suit for declaration to declare his title operating the law of adverse possession based on the documentary evidences in his possession for over five decades.

Dr. J C Vashista (Expert) 16 December 2024
What is the status of the suit stated to have been filed in the year 1966, if any ?
What is the opinion and advise of the lawyer engaged by your grandfather, if any ?