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possession by title after 30 yrs


Relatives are leaving in a property from last 30 yrs which is owned my father, how can I get back possession ?
 
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High Court Advocate IPR Attorney and RTI Activist

It is a settled proposition of law that possessing is regarded as 9 points in law out of 10. Please note that possessing has greater value than title. However you can send a legal notice stating your bonafide and lawful title as their ownership is called as Adverse possession., failing which you can file a suit.
 
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Advocate

How they have come in possession? What have been the conditions, if any, in assigning the property? How it is being used? Have they crried out any improvements?

Anyhow, there is nothing that prevents your father filing a suit for getting back the property. But the pleading needs great care lest grounds for adverse possession are offered.


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Deputy Manager

Please note that adverse possession is not presumed, but it has to be claimed before the civil court by the adverse possesser, within 3 years after completion of 12 years of his adverse possession of the private property of the actual owner. But, that looks not to be the presented case of the original querist. 2) The present possesser is presumably enjoying the possession with the consent of the actual owner, who may be the father of Mr. Prateek Jain, the original querist. 3) However, Mr. Prateek Jain wanted that the possesser vacate his father's property now. So, his father can file the suit like a gentleman, which may take several years to decide by the court. Else, forcibly throw the possesser, out (with the connivance of the police) by using minimum physical force. 4) With apology, the original querist Mr. Prateek Jain hasn't clarified that his father is alive.

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Retired employee.

Residing in a property may not amount to possession as some normal rent may be paid by the tenant relatives and there may be revenue records that establish who is in possession.  What is the tenant relative say and claim now?   When your father is having a valid title deed and his name is incorporated in revenue records and tax paid receipts, you need not afraid for such claims from tenant relatives and use legal means to get them vacated in the same way as the landlord gets the tenant vacated.  Contact a local advocate for proper guidance.   (This is the same story in different parts of the country, as landlord believes their relatives, keep the custody of the asset to relative and fly to other countries for their career)

 
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Advocate

The only plea that could be taken by the owner in such cases that occupation of the property has not been adverse to the title of the owner and hence deficient in the essentials that constitute adverse possession. Any plea based on revenue records or the inaction on the part of defendant file a declaratary suit would only strenghten his hands. 

It is beyond the scope of this public platform to employ any means unknown to law.

 
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Retired employee.

Why a declaration necessary when the title and possession are always with the owner, he can be evicted as he is only a tenant.  Depending on the value of the property, the owner may opt for a way suitable to evict that relative. (?????).

 
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Advocate

Yes, that certainly could be the foundation and fulcrum of the pleading. But the defendant would certainly take a different stand based on adverse possession. In deciding the case the court would certainly look into the circumstances how the defendant came into possession, the terms on which he was put in occupation, the improvements that have been carried out by him, the rent or lease money, if any, he pays etc.

 
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Deputy Manager

Repeatedly, I have been suggesting the querist who ever it may be, say for example, either the owner of the property or the adverse possesser of else's property. Because, adverse possession is not a crime, but instead a legal provision approved by the Supreme Court. Though it may not be morally correct, in the same way as having s*xual relationship between the two opposite s*xes, and now in India, it is legal even for Homos, the lesbians and likes etc etc. However, I would repeat hundreds of times that the adverse possesser has to claim it before the court, within 12 years of his adverse possession with additional 3 years of the limitation. Beyond it, the adverse possesser cannot claim the benefit of adverse possession, instead he/she would be evicted legally, with the orders of the court.

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RETIRED JUDICIAL OFFICER

Get back that property by filing suit for Recovery of Possession saying thery are only uner Permissive Possession.


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