Plea of advese possession for defendant
siri
(Querist) 09 December 2011
This query is : Resolved
vendee had filed for recovery of earnest money from me stating that my Title is not clear & marketable because I had only gift registeration deed document in my name from year 2008 of said residential property & who had registered gift deed in my name i.e for my husband there was no registered Title document in his name or any registered link documents for said property which comes under breach of contract.
1)In this situation Can I defend my case using adverse possession i.e saying that I had Title based on document of Gift registeration deed in my name from year 2008 that was given by my husband.Actually my husband got that property through unregistered mutual family settlement document of year 1989 i.e written in plain paper which also shows his entry of possession for said property & there onwards he started enjoying property by growing cattles & in year 2000, he constructed cattle shed & 4 side boundary walls around property & started enjoying said property continuously,openly,undisturbed possession with out dispute up to year 2008 more over he started paying taxes from year 2007 & it is continued till date of year 2011.In fact I matured my Title as clear & marketable byway of adverse possession(Total 22 years including undisturbe,open possession of my husband & me )
.Hence no need of giving earnest money back
My question is
1)Whether Can I can defend above case by using adverse possession.
2)PLZ tell any suggestions & remedies & any changes of my arguments for giving strong defend for my proveness
Sri Vijayan.A
(Expert) 11 December 2011
1. Family partition deed does not require registration. (Optionally registered)
2. But you should evidence to show the ownership of the family property before partition.
3.In that view, you have marketable title.
4. Return of EM is between the parties and as per the T&C of agreement for sale.
