Adverse possession can be claimed only as defence
2) you cannot file suit to claim adverse possession
3) you don’t need to send notices to the concerned parties
4) your friend has purchased by regs sale deed and is absolute owner of property
Adverse possession
Respected Sirs, Writing from Hyderabad, on behalf of my friend am coming up this query, he purchased one plot with house built on it (R.C.C. Sheets) in 2006 from Mr. A and got Sale Deed Registered, the same Mr. A purchased the said house from Mr. B in 2004 and got Sale Deed Registered. The said Mr. B purchased this plot (open plot when he purchased later Mr. B, constructed the house on it) in 2001 but just got Agreement of Sale (due to not knowing the importance of the Registration of Sale Deed). Since from the 2001 Mr. B, paying the Property Tax and later Mr. A got mutation in 2004 and in 2006 my friend got mutation of Property tax. Now we would like to know that as we are being in possession since last 12 years without any disturbance and to obtain the "Adverse Possession" shall we need to approach the Hon'ble Court and need to send the Notices to the concern parties to prove the "Adverse Possession" or just submit the required documents (Property tax receipt, electricity bills, Registered Sale Deeds) to the Hon'ble to get the "Adverse Possesion"
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
what are the steps need to be taken - so that in future some body purchases the said property - they can able to get the loans from banks.
Asked 6 years ago
You don’t have clear and marketable title to the property
As B agreement for sale is not registered
Deed of confirmation can be executed by seller in favour of B and registered
Just note that limitation period is over adverse possession is claimed when you people are staying in a property illegally with the knowledge of owner and he does not take any action for twelve years. In your case the property is purchased and sale Deed is registered for valuable consideration.
Adverse possession cannot be seeked it is your defence if some body claims property from you on basis of any title or deed.
Also if property tax receipt in your name than the mutuation of property is in your name. Meaning thereby that the land records has your name as owner.
Therefore there shall be no hardship if land records shows your name and there is no dispute on getting bank loan.
Also if property is sold further on basis of that sale deed his name can be update and there shall be no problem.
You can further file declaration suit if.you think that any dispute can arise based on the agreement.
- Adverse possession is when the true owner of a property loses his/her ownership rights owing to inaction on his/her part to remove a trespasser within a statutory period from the property.
- After lapse of the statutory limitation period for eviction, the true owner is barred from initiating any legal proceeding to repossess his/her property and the trespasser acquires title to that property by adverse/hostile possession.
- The statutory period of limitation for possession of immovable property or any interest therein, as stipulated in section 65 of Limitation Act, 1963, is 12 years in case of private property and 30 years in case of Government/state/public property from the date since the trespasser adversely possesses the property of the true owner.
Since,you friend has got the said property from Mr.A by a Registered Sale Deed . In this way he become the registered owner in possession of the property. Hence, there is no meaning of adverse possession for him ,as he is not occupying the property illegally.
If, Mr.A or B are creating problem in the possession of your friend , then he should take a restrain order from the court of law after filing a suit for permanent Injunction,
If there is no claim from anyone then you have adverse possession. If other party is challenging your possession you have to prove the same in Court.
case for declaration should be filed and you have to prove the detailed possession of the property beyond any ground to get the judgement and decree from the Court.
Hi. Both of the above formalities are need to be done for establishing your possession
Dear Cleint,
What the need to approach court until ur ownership not disputed.
You are valid title holder by virtue of SALE DEED.
And if in Agreement to Sale executed between ( X & B ) records full payment of sale consideration than its complete sale except invasion of stamp duty.
Enjoy peace full possession.
Since your friend purchased this property by a registered sale deed from the vendor, the vendor purchased this property from his vendor through a registered sale deed in his favor and his vendor purchase this property from his vendor by a sale agreement, then that vendor has to execute a ratification deed approving his title and ratifying his sale of property.
Your friend is already having a title deed in his favor, he need not file any suit for appropriating his title by adverse possession.
For that he may have to file a declaratory suit to declare his title to the property by adverse possession.. But what is the necessity for that?
what are the steps need to be taken - so that in future some body purchases the said property - they can able to get the loans from banks.
Your friend has to take steps through his vendor as suggested in my previous post to get a ratification deed in favor of the original person who had only sale agreement on his name.
However, how is it possible for him to execute a registered sale deed in favor of the buyer when he had only a sale agreement on his name and there was no clear and marketable title to the property?