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Ramanathan (x)     19 July 2011

Adverse Posession due to wrong survey no

Hi All,

My father purchased a land of 34 cents (survey no. 167/3) 25 years ago. All the government documents (Sale Deed, Patta, EC) belongs to his name only. Now while measuring boundary for the plot, we found only 12 cents are vacant and remaining 22 cents contains a house and occupied by a family. When we checked their sale deed, we found their survey no is 166/1 & 168/4. Which is not nearby to our plot. We could not vacate them as they claim they bought this house around 30 years ago. We brought to this to village panchayat notice but could not claim the property. Give me a suggestion to go for legal?. Is adverse possession act is against us in this case?. Your help will be much appreciated.

Thanks and Regards,

Ram



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 6 Replies

Raghav Sood (Lawyer)     19 July 2011

the law on adverse possession is very stringent the true owner cannot be bereft from his property and in this case possession how so ever long it may does not ripen into the adverse possession and you only came to knowledge about illegal possession when you measured boundary you can file suit for possession and u will succed

1 Like

Ashok Yadav (Lawyer)     19 July 2011

To prove adverse possession it is necessary that it was open, hostile and to the knowledge of the the real owner, and was adverse to the right of real owner. In your case any of these condition is not proved hence no case of adverse possession made out here, because the possesion of that party was came to your knowledge only when you measured the area of your plot. Only possession for a long time does not allow a person to claim adverse possession if the above said conditions are not fulfilled.

1 Like

Ramanathan (x)     20 July 2011

Thank you Raghav and Ashok.

Ramanathan (x)     20 July 2011

Raghav/Ashok,

Can you tell me approximately how much year and money, it will take to get a verdict for this case in district court?

niranjan (civil practice)     20 July 2011

Pl.verify from the survey map as to where these survey numbers are located alongwith their measurement and then if you find that they are sitting on your land,you can file suit based on your document and map.They cannot claim adverse possession as they were under misunderstanding that it is their plot.However where were you for such a long time?

1 Like

Ramanathan (x)     20 July 2011

The survey map (FMB) exactly reflects our document area and there is even survey stone on the boundary. The reason why we didn't noticed is, the plot is filled with thorn trees which we could not cut due to a family dispute for the last 25 years.


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