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Sridhevi (education)     21 April 2024

Adverse possession by vendor

my father purchased land in 2007 in Telangana but vendor had shown at wrong boundaries, and he constructed house in actual plot .My father applied for FLine of plot before 12 years and recently we came to know about this cheating after receive ofsurvey report. 

can vendor claim adverse possession?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 April 2024

If the vendor claim adverse possession then he has to file a suit for declaratio to declare his title to the excess property by oeprating the law of adverse possession.

However your father can file a suit for declaration and possession of encroached portion of property  and he has to take an immediate action before the vendor awakes from his sleep

Dr. J C Vashista (Advocate )     22 April 2024

The vendor has already sold and released the property in favour of vendee (your father), hence the vendor has no right, claim, interest or title over the property stated to have been sold by him in the year 1997.

Concept of adverse possession do not apply in the instant case.

Contact and consult a local prudent lawyer with relevant records for better appreciation of facts, proper anlayses, professional advise and necessary proceeding.

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