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Nagesh (private empolyment)     22 October 2022

Adverse possession

Dear Sirs,

A woman now around 70 years of age, had purchased a plot of land of 20 guntas ( half acre) of plot from the land lord in 1992, through an unregistered sale agreement.   The purchaser had paid the complete sale consideration, took possession and in enjoying the property till now. For some reason the sale deed was not executed. She has been paying taxes and constructed a House. In ther mean time the  Original Owner had passed away. The Legal heirs  are not tracesable. When she happened to find one of the LR's, he/she demanded additional money to execute the deed. The Woman is in no postion to pay. Can she become the absolute owner by virute of being in uninterrupted possession and having paid the property taxes.   Can she apporach the competent court for obtaining  ownership based on  Adverse Possession  ?

Need advise.

thanks .


 5 Replies

Sourav Das (Advocate Supreme Court of India)     22 October 2022

File suit for declaration of title under Specific Relief Act on the ground of adverse possession against LRs.

Advocate Bhartesh goyal (advocate)     22 October 2022

Yes, she should file suit for declaration of title against LR's of actual owner on basis of adverse possession as she is in use and occupation since more than 20 years as owner of house without any interruption and also paid entire sale consideration to original owner.

Dr J C Vashista (Advocate)     23 October 2022

Well analysed, opined and advised by experts, I endorse.

She should file a suit for declaration of title, through a local prudent lawyer, on the strength of adverse possession of the land against all available LR of titleholder 

P. Venu (Advocate)     23 October 2022

Yes, the title based on adverse possession could be seured only through a declaration from the Court.

Nagesh (private empolyment)     31 October 2022

Thank you all for your valuable advise.



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