unregistered sale deed

registered sale deed is must to prove your ownership but if you are in possession of land for 12 years or more, you  can prove your possessory right because in case of land, 12 years is the maximum time limit for claiming back the property.

Dear Phani Bhaskar,

Think the question is not clear. The value of the property is not mentioned in the query! As far as a sale of land is concerned, it is governed by the provisions of Section 54 of the T P Act. As per the said section, transfer, in the case of a tangible immovable property of the value of Rs.100/- and upwards, or in the case of reversion or other intangible thing, can be made only by registered instrument. Refer chapter III (Sec 54) of T P Act and Section 17, 18 and 49 of Registration Act. If possession of continuous 12 years can be proved, a claim of title by prescription can be maintained (Sec 27 Limitation Act)

Regards

Akshadharan P R S

If    u   have     continuous     possession    for   more   than     12    yrs   ,    u   can    claim     ownership    by     adverse     possession.

Hi Shekar & Reeta,

Thanks 4 ur replies, However I am afraid, From the recent judgments of A.P. High Court, a person who claims his right over the property by way of any documents, especially an Agreement of Sale or a Sale Deed, then he is not allowed to take the plea of ADVERSE POSSESSION in respect of such property.  SO in the query case the plea of Adverse Possession is ruled out. The case is pending before the Special Court of A.P.Land Grabbing Prohibition Act.

Chief Justice do not matters does not matter

I feel like laughing at your answer.

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Keep Smiling ...HemantAgarwal

After latest judgement of Supreme Court,  Adverse possession can also not protect your right to claim back unregistered property.

1. A person who exclusively holds an immovable property physically, openly, peacefully and with out interruption by the true owner for a period of 12 years or more, is considered to have acquired the ownership and title of the immovable property by adverse possession.

2. Unregistered sale deed effected under section 49 of the Registration Act 1908.

regards

sanjeev desai

Dear Phani!

Could you Please give the Case particulars in which A.P.High Court said that Adverse Possession can't claim when there is unregistered Sale Deed or Agreement of Sale.

Ramesh

registered sale deed is must to prove your ownership but if you are in possession of land for 12 years or more, you  can prove your possessory right because in case of land, 12 years is the maximum time limit for claiming back the property.

 What about dwelling house? Does 12 yr limit apply?