Adverse possession

Querist : Anonymous (Querist) 22 November 2011 This query is : Resolved
Builder kept a flat with UDS ,Municipal revenue assessment in his name for 17 years continously.Landowner got all dues and handed over all original documents to builder and absconded .Does the builder is entitle for adverse possession as per limitation period of 12 years,is he can bale to sell?

Landowner gave registered GPOA for development and handed over all original documents to builder.

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sanjeev murthy desai (Expert) 22 November 2011
He can sell his respective share along with owner shares if such gpa is reserved for whole share otherwise it is very difficult to sell in the absence of owners. question of adverse possession does not arise when Gpa and jda existence.

Querist : Anonymous (Querist) 22 November 2011
Builder didn,t register the flats through landowner,just keep 1 flat with proportinate UDS and was let out and all municiap ,revenue records are in builder name.

Irrevocable GPA registered ,Power Agent passed away,principa(Land owner) may also passed away since there is no whereabouts

sanjeev murthy desai (Expert) 22 November 2011
It is advisable to get the paper publication in this regard. If the land owner expired his legal heirs have absolute rights as per succession hence it is advisable to take a paper publication.

ajay sethi (Expert) 22 November 2011
what w ere the terms of development agreement ? did it provide that builder can retain one flat in his name?was agreement duly stamped and registered?

Sankaranarayanan (Expert) 22 November 2011
i do agree with all experts opinion

M.Sheik Mohammed Ali (Expert) 22 November 2011
yes, i do agree expert query reply

Querist : Anonymous (Querist) 22 November 2011
Developer need to build on independent house of 1/5th of land,as soon as builder handover the house to the landowner within stipulated time ,landowner ceases to have any right over 4/5th of land,the price of the property was also fixed and paid by the developer as per the unregistered sale agreement.agreement of sale is refered in the irrevocable registered power of attorney.

M/s. Y-not legal services (Expert) 22 November 2011
Yes.. Right now the builder holding the gpa. So he is entitled to sell it or make any encumberance regard the subject property.