1) what was owner doing for 40 years ?
2) you can claim adverse possession as defence as your family is staying in property for more than 12 years
3) take search in records as to in whose name property is standing as on date
Third party claiming right on our property
My father and his 3 brothers, divided the property which was passed on to them by grand father. And currently we are living on this property for more than 40 years. We have no document proof that this property belong to our grand father but it was more of word of mouth. Grand father died 35 years ago. Recently, a third party (not part of our family) is claiming that this land belongs to him and he has valid papers. I would like to understand how we should deal with this issue and figure out a proper legal way to get this matter settled. We live in a village in Delhi where word of mouth was given more importance long ago. What precautions should be taken to manage this issue? Thanks, Preeti
Asked 7 years ago in Property Law
Religion: Hindu
7 Answers
Thank you mr. Ajay. 1. Owner lives in same village and not sure why and how he is suddenly bringing this up. 2. what would be the procedure to claim adverse possession? 3. Sure. I will get to finding that detail. Also want to know can the claimed-owner move us out without court hearing/ruling?
Asked 7 years ago
Adverse possession can be only claimed as defence
2) if owner was living in same village he was aware that you are in possession for over 40 years
3) owner would have to file suit for eviction
4) in defence take plea of adverse possession
There is no need to take plea of adverse possession unless and until they produce title deeds.
Since you are in physical possession of the property unless they come with a documentary proof of title you have nothing to worry.
So continue with physical possession of the property and fix next line of action only when any suit is filed against you.
1. whether you have genuine paper or not is immeterial in your case because you have been taking possession over the property for more than 20 years. this is called adverse possession and you are in better position than that person.
2. you should file a civil suit for injunction order and prevent him from demanding such right over the property.
3. a person taking adverse possession over the property for more that 20 years, the law presumes that he is owner. hence burden of proof is now shifted on that person to prove his right.
1. The title to a property originates and flows from the sale deed thereof, not word of mouth. Be that as it may, if someone is claiming to have a title better than your title then he is free to file a suit for declaration of title and recovery of possession, which you can contest.
2. You may file a caveat in the competent civil court so that this person does not walk away with an ex parte ad interim relief.
You first gather the evidences for possessing and enjoying this property since long
The evidences may be aadhar card, ration card, tax receipts, telephone bills gas connection card etc etc.
Dont give possession of property on any basis, let him approach court, you can challenge the same on the basis of law of adverse possession.
The so called claim can be made through court alone and not individually.
You may secure the evidences for being in possession and then challenge the case in case he files one.