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Harsha (engineer)     04 December 2023

Enforce sale deed after 52 years

Hi Learned Advocates,

Need your advice.
father has sold his ancestral property for Rs 1500/- to B in 1970.At the time if sale father was having his wife and two kids at age 2 years and 10 months.After about 5 years the father died. After the purchase of land B didn't go to plough the land  nor did he change the khata or etc in his name. The seller family started to use the land and all the rtc and khatha was in the name of deceased father and deceased father's father until 2021. 
In 2021 B along with revenue officials got the 1970  sale deed enacted and  have changed all documents including the rtc and khata in the name of B.
i believe as per limitation act B cannot directly enforce the sale deed. Could you please guide the next course of action in this?
i am on side of the family to help.


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     05 December 2023

The vendor who had been under possession and enjoyment of the property even after selling the property only has to object to this citing the reason that the buyer did not act on the sale deed, and even though it was sold since the buyer had not take steps to act on the sale deed, the property remained in possession and enjoyment of the seller itself, hence the possession was adverse to the buyer but buyer did not claim it, therefore the buyer do not have title or any interest tin the property and the seller's title to the property is declared as valid opertaing the law of adverse possession. 

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