LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajesh Srivastava   10 May 2018

adverse possession

how to use this right please explain,
what are the essential elements to accuqire this right?


Learning

 14 Replies

Ajesh Srivastava   10 May 2018

I have a property since 1988 by a rent deed. I pay all rent to 1998 and from1998 to now I didn't pay any rent. and the owner never file any suit from the last 20 year. we possesses the property exclusive without any interruption from the last 20 year without paying any rent.
can I claim for adverse possession right?

CHANDRA SEKAHR REDDY LOKIREDDY   10 May 2018

Yes you may claim adverse possession. you may file a suit for declaration against the owner but if you are in possession under an agreement then you will not get the benefit of adverse possession. Also you have to prove that the owner has knowledge of your motive of claiming ownership. i am not a lawyer. Pl consult a lawyer.

Ajesh Srivastava   10 May 2018

Yes he send me a notice in 2008 and I reply him that your father sale me your property and I have a stamp sign by your father and then he didn't take any action on my reply.

CHANDRA SEKAHR REDDY LOKIREDDY   10 May 2018

When did you stop paying rent...? did he send you any notice for eviction ...? 

You must consult a lawyer as i have limited knowledge. 

Ajesh Srivastava   10 May 2018

Since 1998 I stop paying rent to him and I build a conceret room without his consent .

Ajesh Srivastava   10 May 2018

he send me a notice about pay the dues of rent and I reply him that I'm the owner of the property not the tenant.

R.Ramachandran (Advocate)     11 May 2018

1. Please remember, once a tenant always a tenant.  

2. If you say you have purchased and become a owner, then where is the question of adverse possession by you?  You are the owner of the property in your own legal rights.

3. However, have you purchased the property and got it Registered in the Sub-Registrar's office by paying Stamp Duty? Otherwise any such purchase of immovable property has no legal validity.

 

TGK REDDI   11 May 2018

If you pay house tax, power consumption charges and water charges, etc in your name continuosly for at least 12 years, the property is yours whether or not you have ownership document. 

I too have limited knowledge.     The Hon'ble Members may kindly enlighten me.

rajeev sharma (Advocate Ex senior manager law )     12 May 2018

You came in the possession of the property as a tenet your possession is not adverse to the landlord. The land lord has a right to bring a suit for your ejectment the only thing is that he will not grt time barred rent.

TGK REDDI   12 May 2018

Shri Rajeev Sharma

Dear Sir

Kindly define what, then, adverse possession is.

rajeev sharma (Advocate Ex senior manager law )     12 May 2018

Pl buy a book on Transfer of property Act and read that

TGK REDDI   12 May 2018

Shri Rajeev Sharma

Dear Sir

Noted your response with respect.

In these days of INTERNET, it's becoming less and less essential to buy law books.

According to your advice, I studied Transfer of Property Act and my attempt to find adverse possession has been in vain.    It'd have been better if I had got Sec No.

Meanwhile I humbly draw your attention to Srl. No. 65 of Schedule of The Indian Limitation Act.

Also I request you to please type adverse possession in Google and choose Supreme Court of India Declares the Doctrine of Adverse Possession and read paragraphs 11 and 12.

Thank you, sir.        Thank you so much.

rajeev sharma (Advocate Ex senior manager law )     12 May 2018

i m not a lecturar in a class of law. 

rajeev sharma (Advocate Ex senior manager law )     12 May 2018

better you search adverse possessuion on net and you will get your reply. If fail to understand join law classes. fUND YOYR ANSWER IN lIMITATION aCT


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading