• Legal opinion requested for dispute on marginal land

A marginal land adjacent to our property measuring 20" x 20" is in our possession for the past 40 years. We are the ones maintaining the above mentioned property till date with temporary fencing to avoid trespassing. Meanwhile, there is this one person who had disputed the same in the courts of Bangalore. Of late the main disputed person has expired (about 3 years ago) but his son claim to have got GPA document with him given by the person expired. This case is about 40 years old and is still pending in the city civil court.

Seeking your legal opinion about the course of action by us to close this dispute at the earliest.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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20 Answers

On demise of father plaint can be amended and legal heirs brought on reco d

2) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1) You first built small hut or house and start living there either you or give on rent as the property in possession with you.

2) As per the limitations act the time has been passed away you can mention in this case.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir

1. Is there any stay in the case

2. What is the stage of the case

3. Why it is long pending

Case papers needs to be looked into to give more clarity.

GPA dies with the person who has executed. Hence the suit is not maintainable in the eye of law needs to be dismissed.

Feel free to reach us for any assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

The dispute in the Civil Court normally takes very long time and if there is any chance of mutual agreement between both the parties you can get into the mutual agreement involving both the advocates in this regards and submit the mutual agreement to court call of the dispute

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Possession is nine points of the law.

Since you are in possession of this piece of land, you're in a position more advantageous than even the real title holder of this land. By virtue of doctrine of adverse possession, claim your right over this land.

Out of court settlement, is the quickest way to overcome this situation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

GPA has become void on his death, but his son can continue the case after impleading as Legal Representative and no more on the basis of GPA.

U can file for dismissal of suit, if he has not filed application for impleadment as party/Legal Representative of deceased.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. POA becomes null & void, "IF" POA giver dies. The Deceased's POA cannot be used for any legitimate purposes, whatsoever.

2. HOWEVER, the son of the deceased CAN move the Court, to put on record his name, in place of the deceased father. There is no POA, required for the same.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If his father has died GPA becomes void but in case if he has Impleaded himself as legal heir and representing case file an application under Order 7 rule 14 stating that the plaintiff itself is barred by law of limitation.

Better to get matter settled amicably outside court or through Lok Adalath.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Sir, General power of attorney expires on death but the son is impleaded party as legal heir of deceased under order 22 civil procedure code.

If the possession of the property is with you from long time and like 20 years prior suit than you have right of adverse possession and he cannot dispute that.

The fast way to settle is co.promise between parties though civil case run for long time but 40 years is very long.

At what stage case is??

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

if there is no stay order passed by the court and you are in the possession of the land and also if you do not want to sell this then there is no need for you to get the matter closed. He has filed the case and therefore he must worry about such things.

Also, if you get the same decided in your favor then he will prefer an appeal and the endless litigation will continue.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi, the matter is sub - judice before court and will take its ordinary course and procedures.. However you can file a petition in high court for early hearing and disposal of case

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Sir,

There are many judgments and the recent one is as follows:

===================================================================================

Protest within 12 years or lose property to squatter

====================================================================================

ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.

If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.

A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.

However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.

This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.

Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sir what is stage of the case??

In the case you are defendant and you should defend the illegal claim of the person. If you tell what stage and status of matter we can see accordingly.

Also you can by way of application request court for disposal of the case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

since the case is pending in civil court for 40 years file application in HC and seek expedited hearing of the case

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

The best available legal remedy already given to you. You just file a suit for permanent injunction and see that ex-parte temporary injunction order is obtained against the opposite party.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Sir

Yes. The amicable settlement is possible but other side also should ready for that. For that we need to see the documents and how and when we can proper settlement of the case.

Feel free to reach us for any assistance

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

If you think that the order will come in your favor then proceed an file an application that the case be decided at the earliest, also if the court does not allow for the same then move to the HC for getting the case expedited

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You don't leave your possession at any cost, till you get succeed in your all legal paper.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The GPA deed stands automatically cancelled after the death of the principal, hence not valid in law.

You say that this case is pending for 40 years in court, you may be joking becasue there is no such case pending this long.

What is the stage of the case?

The legal heirs of the deceased can continue the case after the death of the party to the suit.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Just wanted to check if there are any other alternate ways to take legal position of this property sooner as amicable settlement is not an option with this person. Would appreciate your responses on the same.

When the property is in your possession what is your concern about it.

If you dont have any relevant document for showing your title to the property you may have to wait for the court verdict on this without which any action taken in this regard may be not effective.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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