Recovery of possession of immovable property after 12 yrs sc

PANKAJ KUMAR (Querist) 02 February 2018 This query is : Resolved
When, I was 6yrs old minor (1986), my father purchased property in my favour through the legal documents Deed of Agreement for Sale, GPA & payment Receipt, these are all documents registered with Sub-Registrar-IV office Delhi. We have used physically this property for 3yrs. & due to lack of facility of hospital,school & electricity we have shifted another property in delhi. From 1989 to 1997 father visited at regular interval.
Suddenly our neighbor (trespasser) who have vacant land in same size attached with my suit property has claimed ownership on behalf of forged documents. My father has filed suit for permanent injunction agt. him at Tiz Hazari Court,Delhi in 1997 as my legal guardian.In 2002 Sr.Civil Judge has passed decree that " File suit for possession agt defendant & do not dispossession without legal procedure" .

My father was not much aware of law & our advocate not disclosed important point. After long lasting legal fight in court my father very disturbed & also suffers economically due to lost his job. Before starting to this limitation time period Defendant (trespasser ) has expired/dead.

All above over view, my questions are:-
(1) If defendant has passed away (death) before limitation period, then after we should be liable to filed suit for possession.
(2) This is vacant property with locked due to Defendant was damaged our structure of house & his family members never used this property physically .
(3) Defendant family members can claim this property against Adverse Possession and in this case limitation act applicable on me.
(4) Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 can help me to recover my property.

Thanks

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Dr J C Vashista (Expert) 04 February 2018
Nothing can be presumed, analysed and advised on the basis of limited information provided by you.
Discuss, consult and engage another local Delhi prudent lawyer, if you have lost faith in your advocate.
Dr. J C Vashista,
Advocate
Supreme Court & Delhi High Court
email: majjagdish@yahoo.com Cell # 9891152939

PANKAJ KUMAR (Querist) 04 February 2018

Recovery of possession of immovable property after 12 yrs for SC/ST

When, I was 6yrs old minor (1986), my father purchased property in my favour through the legal documents Deed of Agreement for Sale, GPA & payment Receipt, these are all documents registered with Sub-Registrar-IV office Delhi. We have used physically this property for 3yrs. & due to lack of facility of hospital,school & electricity we have shifted another property in delhi. From 1989 to 1997 father visited at regular interval. Suddenly A our neighbor (trespasser) who have vacant land in same size attached with my suit property has claimed ownership on behalf of forged documents. My father has filed suit for permanent injunction agt. him at Tiz Hazari Court,Delhi in 1997 as my legal guardian.In 2002 Sr.Civil Judge has passed decree that " File suit for possession agt defendant & do not dispossession without legal procedure" . My father was not much aware of law & our advocate not disclosed important point. After long lasting legal fight in court my father very disturbed & also suffers economically due to lost his job. Before starting to this limitation time period Defendant (trespasser ) has expired/dead. All above over view, my questions are:- (1) If defendant has passes away (death) before limitation period, then after we should be liable to filed suit for possession. (2) This is vacant property with locked due to Defendant was damaged our structure of house & his family members never used this property physically . (3) Defendant family members can claim this property against Adverse Possession and in this case limitation act applicable on me. (4) Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 can help me to recover my property. Thanks