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declaration of title

Advocacy

 

 

Sir, in one case the plaintiff filed the suit for declaration of his title and for eviction. he stated that his father purchased the suit land and after the death of his father he accordingly inherited the suit property. he claimed that the defendant is a permissive possessor and he has not vacted the suit land . The defendant in his written statement in one paragraph stated that the plaintiff has no title as he has not traced out  his title, but later he stated that the plaintiff is not a sole owner of the suit land and the defendant is possessing the suit land adversely.

During Argument defendant submitted that the burden is upon the plaintiff to prove his title, but the plaintiff has not stated in his plaint as to whether the vendor of his father has title or not so he failed to trace out his title. The plaintiff submitted that as the defendant take the plea of Adverse possession so the title of the plaintiff is admitted, hence the plaintiff is not required to prove his title stictly.

What is the right position sir ?

 
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Advocate

Better contact an escrow or titel investigator who knows what is to be done in your case.

 
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Publishers

Person who enters permissive possession cannot plead acquisition of such title by principles of adverse possession. Permissive possession will always continue to be permissive till and until the licensee asserts and proves the assertion of adverse possession and such assertion and the proof in that regard should necessarily be for a continuous period of twelve years. Permissive possession howsoever long cannot be converted into adverse possession unless it is proved that the person in possession has been peaceably and openly using the property without any interruption to the knowledge of the true owner for the statutory period of 12 years. It is well settled law that if once possession is permissive possession, then it cannot be converted into adverse possession unless the person in possession first surrenders the possession to the owner of the property and then reenters into the property to claim hostile title.


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Publishers

Also it is necessary for the defendants to admit title of the plaintiffs to claim possession adverse and hostile to the title of the plaintiffs

 
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