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Vinayak Patil   30 March 2018

Adverse possession

A person had executed agreement to sale in 1967 but later he denied to execute the sale deed this reached in court court directed purchaser can file suit for specific performance but he didn't file a suit .purchaser have possession since 50 years.can he file a suit against seller on adverse possession


 7 Replies

Vinayak Patil   31 March 2018

But if seller deny to execute then what is other remedy and can he get possession

TGK REDDI   31 March 2018

You can avail yourself of the advantage of adverse possession provided you have your name in the revenue records for at least 12 years and provided the property is under your continuous enjoyment.

Yusuf Rampurawala   03 April 2018

50 years possession under the owner's nose. Thats good enough. You can file a suit to declare you as absolute owner basis your adverse possession. You will need to produce all documents since the time of your possession which are standing in your name to show your adverse possession. 

1 Like

Vinayak Patil   03 April 2018

Thank you sir, I have filed a suit as you advice same

Vinayak Patil   03 April 2018

Thank you sir

Vinayak Patil   03 April 2018

Respected sir,

    The seller had filed his previous suit on the ground that the possession was forcefully taken and in that suit later he contented that time expired of contract.this suit was dismissed with cost.

    The term of contract which was examined as (seller should execute the sale deed within one year from its execution on receiving the remaining purchase amount in favour of purchaser that if he fails to execute the sale deed the purchaser should execute through court that if the seller is willing to execute the sale deed and if the purchaser doesn't get it executed it should be treated that agreement stands cancelled. )

      The seller has never shown willingness to execute the sale deed.

     The seller has counter claimed and demanded recovery of possession .

Vinayak Patil   03 April 2018

Respected yusuf sir,

   If any judgment of court on such then please refer me.

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