(Querist) 15 April 2008
This query is : Resolved
We own a resident land which was given to us by my fathers elder brother. Still now we have not register the land in our name and the land is in the name of my fathers elder brother, but the original document of the land was given to us when we took the land in our position. Now when we ask him to sign the document and register the land in our name he refesues to sign. This land was given to us before 10 years. now the land value is high. what shall we do to get his sign and write the document in our name.
R. Brizmohan Singh
(Expert) 22 April 2008
That means you are in possession of the property in question for the last 10 years which is less than what is even required to claim adverse possession being 12 years. No way Mr. Muthukumar that you can get the property as owner except through documentation coupled with registration. Get your paternal uncle to sweet terms for your possession coupled with handing over of the title deeds is well and strongly protected by the law in India.
Can you please explain me more about claim adverse possession & title deeds. If the land is in possession of me for more than 12 yrs with out any registered document in my name. can i register the land in my name and what all document required to do so and what is the process to do so. please explain me.
J K Agrawal
(Expert) 11 May 2008
Dear Mr Kumar Adverse possession for 12 year or more does not provide a right title or interest in property. It is created only after 20 year against private person and 30 year against the Government. After an adverse possession of 12 year you get only a right to remain in property and a true owner can not dispossess you forcibly. In case a true owner files a suit for possession after 12 year ( say after period of limitation) his right is extinguished as per s 27 of limitation act and a person in adverse possession have a good defense with him but it does not mean that this section gives any right to a trespasser. A trespasser (say a person in adverse possession) gets right under easement act only and no other way.
(Expert) 24 June 2008
if you have an agreement to sell in your favour go or specific performance.