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My clint living in a properity since 1932...

(Querist) 22 October 2010 This query is : Resolved 
1,My clint living in a properity since 1932,

2,Though the tittle is not in his name, He pays municipal tax for that asset in his name since 1932 till date.

3,Entries in municipality Town survey land register (TSLR) is not in his name.

4,He gets loan by pludging the said properity in cooperative soceity that was registerd in register office.

5,He is having water connection & electricity connection in his name.

Now tittle owner files a case against my clint for the said properity.

Can i win the case?
M/s. Y-not legal services (Expert) 22 October 2010
Whats the prayer of that case?
M/s. Y-not legal services (Expert) 22 October 2010
If that suit is title suit mean both of you having 50-50 chances to win your case. Suppose if that suit for evict you from the suit property mean surely you can win your case.. Because more than 70 years you are in the possession of the suit property. Even nothing to say more without knowing your case details.
R.Ramachandran (Expert) 22 October 2010
Did your client ever pay any rent to the person who has filed a suit?
Did the person who has filed a suit ever protested against the possession of the property by your client?
Paying property tax is not a proof of possession.
When the property was not in his name, how he could have pledged the same to the Co-op Bank for obtaining loan?
Has he got ration card etc., in the said address? What other proof he has to prove that he is possession of the premises?
If he can successfully prove that he is in possession of the property from 1932 or even later, but for more than 12 years, then he can claim title by way of adverse possession. He will succeed. The title owner will have a hell of a task to say why he kept quiet all these years.
Devajyoti Barman (Expert) 22 October 2010
Yes.The Municipal Tax receipt will strengthen your case further.
Rajeev kulshreshtha (Expert) 23 October 2010
If the suit has been filed by the owner you can file counter claim on the basis of adverse possession.
s.subramanian (Expert) 23 October 2010
I agree.
Vinod Singh Tomar (Expert) 23 October 2010
On the basis of details, I will choose to go alongwith Mr. Rajeev & Subramanium.
Khaleel Ahmed (Expert) 23 October 2010
In the query there is spelling mistakes,I don't expect an advocate can make such query.
Mere having tax receipts ,electric bills and water bills and pocession does not constitute owner ship over the property.Since 1932 as you alleged that your client is in physical pocession of the property.When the real owner filed the title suit.The date of the title suit has not mentioned in the query.If any person loses the pocession over the property for the period of 12 years, he can not file the title suit or Declaration of title and Recovery of Pocession as the law of limitation does not permit.
The above query has been written blindly to testify the knowledge of the experts.
Khaleel Ahmed (Expert) 23 October 2010
In the query there is spelling mistakes,I don't expect an advocate can make such query.
Mere having tax receipts ,electric bills and water bills and pocession does not constitute owner ship over the property.Since 1932 as you alleged that your client is in physical pocession of the property.When the real owner filed the title suit.The date of the title suit has not mentioned in the query.If any person loses the pocession over the property for the period of 12 years, he can not file the title suit or Declaration of title and Recovery of Pocession as the law of limitation does not permit.
The above query has been written blindly to testify the knowledge of the experts.
Y V Vishweshwar Rao (Expert) 23 October 2010
I agree with Lrd Friends

The Following Details may be mentioned ;-

1- Your Possession - is it as Lessee/Permissive/ Adverse - what is its nature

2- Paying Tax in his name - is it possible with out mutation or it is irregularly entered or paid by possessor - Any payment by other persons by mentioning his name will be treated as paid for and on behalf of the Recorded Owner -

3- When the property is not in his name how he could pay the Tax in his name or - it must be paid by him in the name of Recorded owner through him u by mentioning his name

4-A person who is the owner can charge/pledge /mortgage the property if he who is in possession pledged the property it is irregular , how th Co- Operative Society accepted the pledge by him

5- Water Connection and Power Connection generally will be in the name of the Property owner -

Details to be mentioned and all other aspects to be considered before concluding any opinion .

if not adverse possession - A Tenant is always Tenant and a person in possession with permission of Owner , the same to be treated as permissive possession -not adverse possession .

However the facts of the case to be considered .
Sri Vijayan.A (Expert) 23 October 2010
I agree with Mr.YV V Rao.
The question is clear or full.
From the faccts given, i understood that ur client is not in adverse possession.
Rasik Dagli (Expert) 23 October 2010
You have not mentioned as to how your client came in possession of property before 1932 . Is he a Tenant or a Tresspasser or was it a permissive user ?.
For correct advise these particulers are necessary.
RASIK DAGLI
Advocate.
Devajyoti Barman (Expert) 24 October 2010
Right.


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