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Simran (others)     28 March 2010

Law of limitation - property

Hello,

Can any one help me in understanding law of limitation for the property. I have heard that if a person is staying in a house for more than 12 years, he gets an legal benefit on it? are there any cases in indian court ? what was the judgement for those cases?



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 6 Replies

niranjan (civil practice)     28 March 2010

A tenant staying in a house for more than 12 years does not get any right. Simply staying in a house for 12 years do no give anyright,but when some one staying in a house and claims hostile title against the true owner under the knowledge of the true owner,continuously and without interruption from the true owner for more than 12 years he is said tobe in adverse possession.

vinay (project leader)     28 March 2010

Does simply writing one's name on the compound wall of owner's vacant plot , and owner not bothering to erase  it  even after seeing it, can be the basis for adverse possession.

Suryanarayana Tangirala (Advocate)     28 March 2010

It is law of adverse possession, to put in a simple language a person claiming title under adverse possession will seek so against a TRUE OWNER burden lies on him to prove his title.u an go through any book on the said subject to know more.just mere wring on wall as one friend said will not give a title adverse to that of a owner

vinay (project leader)     28 March 2010

Thanks suryanarayana for quick reply.i had to ask this question because 3 years back some people trespassed into my vacant plot (it has approved MCH layout issued in 1983) and wrote their mobile no and name on the compound wall claiming the plot to be theirs.Immediately i filed FIR. i didn't bothered to erase their name on compound wall hoping that it would help in arresting trespasser.Since police were involved with trespasser, the case was closed recently without any chargesheet.

After 3 years they again trespassed and wrote a different name and mobile no . Again i filed FIR. I suspect they are planning  to take my plot.I have applied for the

1)certified copy of action taken report on previous FIR and action taken on present fir till now(2 months elapsed since crime occured)

2)name and address of trespasser

 under RTI 2005.

I wanted to know if i have to file seperate suit against trespasser .But i neither know his address nor name.And police are not cooperating.

what course of action should i take.Iam not in a position to construct house. i cant depend on any person to put as watchman in my plot for fear of him coming to understand with the trespasser.?

Suryanarayana Tangirala (Advocate)     28 March 2010

File a Private complaint with magistrate who has jurisdction consult a good criminal lawyer

Swami Sadashiva Brahmendra Sar (Nil)     29 March 2010

Mr NIranjan is right.

Further , right to adverse possession is a protective right or a defense only, it does not confers a right to action.

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