Encroachment of ancestoral property by neighbour
SURYA RANGAN
(Querist) 02 November 2021
This query is : Resolved
Our grandmother transferred a piece of land my uncle on 1985 by settlement deed. My uncle sold the land to another person (our neighbour)on 1989. Further the neighbour constricted a building for his residence and rental income on the same year. Recently we came to know that the neighbour has encroached 5 feet of our ancestral property which still remains unpartitioned (my grandmother passed away on 2010 without knowing about the encroachment).
Now I need to know the following before filing the suit.
1. Whether the suit for possession of the encroached property will sustain without any bar in limitation period.
2. Whether the neighbour can claim shelter under adverse possession.
Also suggest me any other approach to claim our property. Also provide your contact details if you require me to contact in person.
P. Venu
(Expert) 03 November 2021
Limitation commences from the date of your knowledge of the encroachment. Pleadings could be suitably drafted to take care of the limitation aspect. It would be too speculative as to the averments of the defendants and hence, futile.
Dr J C Vashista
(Expert) 04 November 2021
1. Whether the suit for possession of the encroached property will sustain without any bar in limitation period.
The suit is maintainable as the date of knowledge of encroachment is recent.
2. Whether the neighbour can claim shelter under adverse possession.
The neighbour has not submitted any claim for adverse possession.
Consult a local prudent lawyer for better appreciation of facts and professional advise.
