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how to regularise Adversrse Possession

(Querist) 18 April 2010 This query is : Resolved 
the case pertains to Aurangabad in Maharashtra.my elder brother negotiated &purchased a small plot after paying xx amount to the Land lady in yr 1990.no agrmnt etc.treassable[since the Land lady & my bros. both have died in 1991 &2002 resply] with great efforts Approved Maps & some correspondance are obtained. it is now almost 18 yrs.all the flats are occupied.paying Ppty tax'to corporation since 1994.the heir has neigther approched us nor lodged any complaint.in the given situation whether we can put/file petition whereby we can get legal status. Pl. guide!
Kiran Kumar (Expert) 18 April 2010
to the extent i know suit can not be filed on the basis of Adverse Possession, though it may be pleaded as a defence.
bhagwat patil (Expert) 18 April 2010
whose name is there in ROR ie city servey extract.call 9422773303
Uma parameswaran (Expert) 18 April 2010
You can negotiate with the heirs when they approach you.Till then be silent.
Parveen Kr. Aggarwal (Expert) 18 April 2010
An entry into possession with permission of true owner cannot be termed as hostile possession. Without hostile possession, possession cannot become adverse possession. Moreover, a plaintiff cannot plead adverse possession and it is only the defendant who can plead adverse possession as a defence.

As you have stated that you are not in possession of any document evidencing legality of possession, you may remain silent and collect as much evidence as you can regarding your possession over the property. Whenever, the owner of any of his heirs come up with any litigation, you may contest the same depending on the case pleaded by them.
Silabhadra Sastry Advocate (Expert) 19 April 2010
Dear Sir ,as you have stated that you are in possession over the property for last 18 years then you can file a suit before the Civil Judge Senior Division of your locality or Before the High Court if it has got original Civil Jurisdiction.You can file the suit claiming Declaration of Right,Title,Interest and Possession by contacting a local experienced Civil Lawyer.But you have to prove that you have more than 12 years continuous and uninterrupted possession over the property and you posses sufficient documents in that respect like Electric ,Telephone,Water Bills,Municipal Holding Tax,Rent to Revenue department,Ration Card,Election Identity card,Pass Port etc. Silabhadra Sastry,Advocate,Bhubaneswar


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