• Property in adverse possession

Sir me and my friend have purchased a property on 14/02/1996 having 408 yards. we have divided 200 yrds to my friend (nagaraju) and 208 yrds for me (chenchaiya) .i am having 6fts road as an entance to my 208 yrds and having 200yrds as main entrance to him. my friend has occupied the 6 fts road with out any entrance to my plot. after purchase and division i have been transfered to kurnool after 6 years when i reached the plot the plot was occupied and building was constructed covering my land 6fts also. so i have reached the court and court had given the injection order . on 25/07/2015 he made an agreement for the purchase of the plot by paying 5lakhs advance and 2750000 after 4/01/2016 but after 4 months he told that the property was in his adverse possession for 12 years and also told that he never made any agreement for the purchase of the plot . sir what should i have to do now to get my plot back. what step do i need to take now .he already constructed 3 floors building covering my 6fts entrance. if the property is in adverse possession then my land will be him ?? . please suggest me what to do now . you can also contact me at my [deleted]
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) FILE SUIT FOR SPECIFIC PERORMANCE OF CONTARCT

2) your friend had agreed to purchase your plot and paid Rs 5 lakhs as adavance

3)since he has fialed to pay balance amount of Rs 27.50 lakhs suit for specific performance is mintainable

4) also file police complaint of cheating and criminal breach of trust against frined under section 406, 420 of IPC

5) your friend would not get the ownership of land

6) adverse possession can be claimed as defence only . in your case friend agreed to purchase your land and suit is maintainable

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) on basis of photostat copy of agreement filesuit for specific performance

2) you must have been paid Rs 5 lakhs by cheque . . bank transfer entries would nail his lies

3) it is a settled that no declaration of title can be sought on the basis of adverse possession.

4) to contest a suit for possession, filed you basis of your title, a plea of adverse possession can be taken by a defendant who is in hostile, continuous and open possession, to the knowledge of the true owner, if such a person has remained in possession for a period of 12 years

5) in your case during said period he had entered into agreement to purchase your land . paid you advance hence advised you to file suit for specifi performance

6) furrther you had obtained court order against him restraining him from carrying on constructioon .

7) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

so i have reached the court and court had given the injection order . on 25/07/2015 he made an agreement for the purchase of the plot by paying 5lakhs advance and 2750000 after 4/01/2016 but after 4 months he told that the property was in his adverse possession for 12 years and also told that he never made any agreement for the purchase of the plot . sir what should i have to do now to get my plot back. what step do i need to take now .he already constructed 3 floors building covering my 6fts entrance. if the property is in adverse possession then my land will be him ?? . please suggest me what to do now

There is no question of adverse possession of law operating in this position.

Since you have already approached court seeking to declare the title and also possession of your land, do not withdraw the case for any reason.

You can seek mandatory injunction too.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

There is no question of adverse possession because he has illegally occupied your property hence there is no base for his claim

As far as agreement is concerned, just dont worry about it, you can file a suit for declaration of title and possession of the encroached portion of the property..

This time you should not get cheated by his honey coated words.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer