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K.S. Phani Bhaskar (ADVOCATE)     15 September 2008

unregistered sale deed

Hi friends,

My query is: In a land grabbing case filed by the legal heirs of the protected tenant can the respondent defend his case that he is not a land grabber and that he purchased from the true owner (in this case the Applicant's father) vide un-registered Sale Deed about 12 years back. How far can he be protected with the un-registered document. If the respondent does not file a suit for specific performance before the land grabbing case is filed, can he be treated as a land grabber.

 

Regards,

KSP BHASKAR



Learning

 10 Replies

reeta (Attorney)     15 September 2008

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.

1 Like

Akshadharan P R S (Advocate)     15 September 2008

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

SHEKHAR MISHRA (public servant)     16 September 2008

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

K.S. Phani Bhaskar (ADVOCATE)     17 September 2008

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.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     17 September 2008

Chief Justice do not matters does not matter

I feel like laughing at your answer.

haa ... haa...haaa....heee...heeee....heeee....heee...hee...heee...hee 

Keep Smiling ...HemantAgarwal

Guest (n/a)     25 September 2008

 


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

sanjeev murthy desai (Advocate)     27 October 2008

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


 


 

S. Ramesh (Advocate)     21 November 2008

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

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     31 December 2008

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.

Anil Agrawal (Retired)     31 March 2009

 What about dwelling house? Does 12 yr limit apply?


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