Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Bhavna Singh   23 October 2020

Adverse Possession

Greetings to law experts.
I am here to present my situational issues in different phases and seek guidance of your expertise.
=》My grandfather had an illegal possession on governmental land back in 90s. Many times members of Municipal Corporations came and destroyed fences. Gradually, the government engaged in working on other sectors for development of the city. This area have many similar adverse possession.
=》Furthermore, on ignorance, grandfather build a house and all bills (example: electricity bill, water bill, etc.) to Municipal Corporations is paid on the name of my Grandmother.
=》In 2004-05, reconstruction of house took place in which 80-90% funding was done by my father. This time one floor bungalow-like house was constructed; in which I live with my parent on ground floor and my grandparent along with my paternal uncle-aunt, 2cousins living on first floor. All the Municipal Corporations taxes of newly constructed house on adverse possession land were still being paid on the name of my Grandmother. In 2007, during the presence of 3parties: Grandmother, My Father and My Uncle; partition of house was agreed and signed on legal documents but soon it was cancelled as my uncle made promise to pay all amounts invested by my father in 2-3years and in return we will vacant the ground floor and give our possession to them. But my uncle fails to pay the agreed sum of amount.
=》Meanwhile in 2014, after the death of my Grandmother, Nagar Nigam by default make liable to grandfather for payment of Municipal taxes. And since then till today, local taxes are being paid under grandfathered name.
=》Due to certain conflicts, ever since after the death of my grandmother, my parent claims for partition as my father invested the amount of money in construction of this house. Although de-jure possession was under my late grandmother but de-facto investment & construction on Adverse Possession in 2004 was done by my father.
=》Now, my uncle, behind the veil of using my grandfather's name, trying to possess our parts of area on ground floor including 2 rented shop attached to our home. My uncle now making illegal attempts in way of quarrels, false cases in local police stations; trying to throw us out of the home as he want to gain the entire house.
=》My parent attempt to file many complaints in Municipal Corporations and local bodies to either:-

i) help in partition of house equally and get legal ownership of this adverse possession, or,
ii) demolish this house as this was adverse possession ever since the beginning of time.

So far, governmental bodies is unable to take proper action or give guidance in this regard.
I request to all legal expertise here to guide me what things are required to be done in both cases (i) and (ii) and under sections my parent can file a suit in court.


Looking forward for genuine supports and guidance!
Thankyou in advance ^^


Learning

 4 Replies

Dr J C Vashista (Advocate)     24 October 2020

The house is stated to have been constructed on an encroached land, accordingly whenever, you are approaching the Court the case is liable to be thrown away being filing suit with "unclean" hands.

It would be better to consult a local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding.

2 Like

P. Venu (Advocate)     24 October 2020

Facts posted suggest that the construction, though originally an encroachment, has since been regularised by the Municipality. If so, you have the option to file a partition suit.

1 Like

anabela   25 October 2020

https://fnforum.net/

1 Like

Adv Vinay Mathur + 8447131770 (Advocate)     25 October 2020

Don't lose possession of property keep it occupying.
1 Like

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