Suppose a man A constructed a house in village on his father’s land after his father passed away.(Hindu Family). Inadvertently he encroached some 100 feet in his brother’s portion B. Mr. B helped him in mutation of that 100 feet also but did not inform his wife or kids. The mutation was done at the circle office for the entire portion (A’s share and B’s 100 ft) on which house was constructed. The house was constructed 12 years ago and mutation was done then only and municipal taxes are also being paid since then. Recently Mr. B’s daughter started demanding her father’s 100ft. She is now behind Mr. A asking him to break the house and give the land or give his son’s flat (owned by A’s son) who lives in city. She is not ready for any other compensation either break the house and give the land or asking ransom which is 10-15 times more than her land cost. Mr. B is now very old and does not remember anything moreover his daughter does not even allow Mr. A to meet Mr.B. So the only witness for Mr.A may/shall turn hostile.
1. The mutation was done 12 years ago, property taxes being paid and can now Mr. B daughter go to the court of law and ask for 100 sq. feet for which Mr. A has all the legal documents.
2. How many years after construction of a house can litigation be made that the land was encroached or the land was illegal?
CaCan Mr. A go to the court of law and say that the demand made by B's daughter is illegal?