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Prateek Jain   13 May 2020

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 ?


 16 Replies

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.

P. Venu (Advocate)     13 May 2020

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.

1 Like

G.L.N. Prasad (Retired employee.)     14 May 2020

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)

P. Venu (Advocate)     14 May 2020

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.

G.L.N. Prasad (Retired employee.)     14 May 2020

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. (?????).

P. Venu (Advocate)     14 May 2020

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.

KISHAN DUTT KALASKAR (Advocate)     14 May 2020

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

2 Like

P. Venu (Advocate)     14 May 2020

"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."

Mr. Om Prakash: Kindly make available basis i.e. the provision of law or the principle for the above proposition. 

1 Like

G.L.N. Prasad (Retired employee.)     14 May 2020

Depending on the facts, the following may also apply to the query as property is Government Land. (Citation of Shri Venu)

Supreme Court of India

Ravinder Kaur Grewal vs Manjit Kaur on 7 August, 2019

60. When we consider the law of adverse possession as has developed vis­à­vis to property dedicated to public use, courts have been loath to confer the right by adverse possession. There are instances when such properties are encroached upon and then a plea of adverse possession is raised. In Such cases, on the land reserved for public utility, it is desirable that rights should not accrue. The law of adverse possession may cause harsh consequences, hence, we are constrained to observe that it would be advisable that concerning such properties dedicated to public cause, it is made clear in the statute of limitation that no rights can accrue by adverse possession

Dr J C Vashista (Advocate)     14 May 2020

I fully agree and appreciate the opinion and expert advise of Mr. Kishan Dutt ji, your relative is in permissible possession, which can be revoked and evicted by instituting a suit for possession.

You may refer and cite ratio of judgment of Supreme Court of India in the case titled L.N. Aswathama And Anr vs P. Prakash decided on 21 April, 2009 Author: R V Raveendran
Bench: R.V. Raveendran, Harjit Singh Bedi
[Arising out of SLP (C) No. 8405 of 2007]

I respectfully disagree with the experts applying / advoacting the preposition of "adverse possession" which is inapplicable in the instant case.

Dr J C Vashista (Advocate)     17 May 2020

In the instant query the author wants to know how to seek repossession from his relative who is in possession for the last 30 years. Accordingly position is other-way-round in the query wherein the possessor has not instituted any suit for declaration of title by virtue of "adverse possession" 

The Supreme Court, in its recent decision in Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors[ decided on 07.08.2019, has clarified that a person claiming title by virtue of adverse possession can maintain a suit for declaration of title. 

Prateek Jain   28 May 2020

Person in possession didn't claim his title till now,so from your opinions he is not in state of adverse possession. Apart from this all the taxation documents Property /Water and even shop act notices which are recieved in past couple of years are on my father's name.
If Mr.Om Prakash needs more detail please mention those.

G.L.N. Prasad (Retired employee.)     28 May 2020

@Prateek Jain....Kindly study the entire replies your relative is only a tenant, as property bills, water bills were in your father's name.  Understand the guidance and expedite the action.  Your relative's adverse possession claim has to be proved with such evidence, and it is impossible for him when you have such property and water receipts.  Contact a local advocate and evict relative/tenant first. stating such authentic grounds   Depending on such replies of that tenant your advocate can further guide you.

I believe that guidance part is complete.

1 Like

Prateek Jain   29 May 2020

Mr Om prakash..
1)My father is alive
2 &3)No tenant contract signed till date
4) House was constructed by my father on half of the plot which is completely occupied by my half is still unoccupied
5)Yes relative was allowed by my father to live in the premises as stated above.

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