Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mr. Fahad   28 June 2021

Land litigation

Hi Experts,

My friend grand father purchased 315 sq. a house and executed registered sale deed in the year 1975  beside graveyard since 46 year they are Residing at the same place and now revenue and wakf board has conducted survey of graveyard according to town survey land records of 1961 and issued notice as encroacher of 40 sq. meters to them..

Please advise! 



Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     28 June 2021

Hello,

Your stay on the said land was more than 30 years. So you can claim the adverse possession. Contact local advocate and find out the possibility as per local state government law.  

1 Like

Dr J C Vashista (Advocate)     29 June 2021

 

Whether the graveyard is "common"  or "private" ? If it is "common" it is to be used by one and all i.e., public and you should " socially & morally"  (but not "legally") spare from encroachment /illegal occupation despite the fact you have adverse possession.

P. Venu (Advocate)     29 June 2021

Admittedly, the encroachment was unknown to the parties. It cannot be said that the possession ha been "open  and hostile"  and hence lacks the requisite ingredient to be adverse. 

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

Even they claim their portion of land to have been encroached by you way back 46 years ago, since you have purchased the property and have been in an uninterrupted and peaceful possession and enjoyment of the same till this date, further your possession is open and hostile to the alleged  original owner, under the law of adverse possession also you can get your title declared through court of law if they are putting more pressure on you in this regard. 

Mr. Fahad   01 July 2021

thanks everybody for your valuable advise...

saleem shahmeeri   02 July 2021

please give more information about the adverse of possession

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register