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Arun Kumar R   11 July 2020

need help on adverse possession

my father paid 20, 000 and he is farming land from 30 years and presently aslo we are in possession. but we dont have any document for the amount paid and also we didn't register the property to our name. RTC is running in owner name and now he is planning to sell that property to some other person. My question is do we have right on that property since we are in possesion from past thirty years.


 5 Replies

M.Sheik Mohammed Ali (advocate)     11 July 2020

once tenant always tenant, so you can not claim adverse possission.

you have not rights to claim

Dr J C Vashista (Lawyer)     12 July 2020

Originally posted by : Arun Kumar R

my father paid 20, 000 and he is farming land from 30 years and presently aslo we are in possession. but we dont have any document for the amount paid and also we didn't register the property to our name. RTC is running in owner name and now he is planning to sell that property to some other person. My question is do we have right on that property since we are in possesion from past thirty years.

What is the property and where it is located ?

Whether subject property was mortgaged to your father or how he was holding possession ? 

G.L.N. Prasad (Retired employee.)     12 July 2020

While making payment whether your father has taken any receipt/agreement and exactly what was the understanding?

P. Venu (Advocate)     12 July 2020

The facts posted do not suggest the property to be in adverse possession.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 July 2020

Originally posted by : Arun Kumar R
my father paid 20, 000 and he is farming land from 30 years and presently aslo we are in possession. but we dont have any document for the amount paid and also we didn't register the property to our name. RTC is running in owner name and now he is planning to sell that property to some other person. My question is do we have right on that property since we are in possesion from past thirty years.

 

1. File a local Civil Court suit for Adverse Possession, based on available documentary evidences and also seek restraining order against sale of such property by original owner.  With proper strategic twist of law, you can be declared as person in Adverse Possession.

2. Forget about the money given or non-registering the property in your name.  Just prove that you are in actual possession via proper documentary evidences and witnesses.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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