Pawan Kumar (JOb) 08 October 2013
Dear all, A buyer purchased a plot of land in 1995 without any paper formality and make cash payment for the same, and after taking the possession construct the house in same year and living in it till date without any interruption. Now seller want is making claim on that house as in government records property is still in his name, and rate of property have increased very much. Is any legal remedy available with buyer.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 11 October 2013
1, In the present scenario, occupying land without documentary evidence amounts to trespass, liable for eviction. The land may be standing in the name of the original land-holder (seller), BUT the constructed house would typically be in the name of the present occupant. Which means that the seller cannot claim the house, but only claim the land.
2. However, the present occupier, is in "adverse possession" of the land, if the land is non-agricultural, and prove the same, from the house tax receipts starting from 1995, and successfully contest the dispute.
Keep Smiling .... Hemant Agarwal
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