• What is a law about owning a property?

Hi,

First I would like to thank everyone for giving their expert advice and providing info in simple way to people who doesn’t know the Law.

I have a property in Mumbai and we are living on that property since 1992 (or little before but I don’t own it because when father started living on that land it was empty however we do pay land tax since applied. Now neighbor is claiming, it’s his own property and filed a case in 2013 and neighbor himself is a lawyer. First he claimed its a new property in 2013 and now claims own property.

My question is, if I am living on property for many years can someone owns it just because we don’t have any purchase documents from original owner? I guess there was no original owner, if was why case been filed after these years?

Now we got judgement from Civil court case dismissed with costs.

I would really appreciate if someone can guide in right path.

Thank you!
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Sir you have the adverse possession of the property even if there is some real owner he cannot evict you from.the property. Further though the limitation has to be seen from cause of action but suit shall be barred and non maintenable.

Sir since there are no documents case decided in your favour it will be better you file a declaration suit before court to declare you owner of property. The tax receipts revenue records wherein your name is there for tax can be used for the declaration suit.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

You can claim defence of adverse possession

You have been in continuous , open , hostile possession of premises for over 12 years

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

It does not matter that who is the owner of property.

Matter is that who is in possession of property.

Possession form more than 20 year,

Peaceful (without any litigation)

As an Owner

Openly.

These 4 facts establish ownership/

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1. Long continued and uninterrupted possession to the knowledge of the rightful owner perfects one's title to the property by way of adverse possession

2. Since more than 20 years your family is in possession of the property to the knowledge of your neighbour who claims it as his own property

3. Suit filed in 2013 is hopelessly barred by limitation and rightfully dismissed by City Civil Court

4. As your neighbour has lost in the suit, you can file caveats in first appellate court for any potential appeal which the neighbour can file. Also file caveat in High Court for any civil revision petition that your neighbour may file

5. By filing caveats for the potential proceedings which your neighbour may adopt to challenge dismissal order of city court, you will be notified about any urgent hearing in advance and thus no hearing for ad interim reliefs to your neighbour can proceed without you be notified first

6. To trace the title chain of the property, you can obtain a search report from the sub registrar office for last 30 years

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

You are the owner of the property by adverse possession i.e., living on the property since more than 12 years.

Do not worry, engage a good lawyer and defend your case.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Firslty, there are different natures of the property available which are treated differently as per law specifically in their regards.

Secondly, if you have been living in that property prior to 1992 then the limitation period to call it as his property has been elapsed.

Thirdly, and you have been paying taxes and everything also, but never been asked by the government also to vacate the same you can be the sole owner of any property if in case of no owner or no legal heirs.

Fourthly, but, there may be chances that you may be able to prove your adverse possession in the same.

Fifthly, only one problem would be there as if the area is the house but vacant when you stated living then the adverse possession law may not be applicable, and the property may go to the government.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

Need to know which type of property is that and the same is under which authorities. In Mumbai many authorities own properties like mhada, BMC, bpt, collector land, state govt, railways etc. Then only its origin can be traced. Now Court has dismissed his claims you can stay there but you need to determine the title in coming years.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

In your case the Adverse possession is worked out. So the case was dismissed.

When Trespassers Become Property Owners ?

Under certain circumstances, a trespasser can come onto your land, occupy it, and gain legal ownership of it. The legal term for this is "adverse possession." Adverse possession is a legal theory under which someone who is in possession of land owned by another can actually become the owner if certain requirements are met for a period of time defined in the statutes of that particular jurisdiction. Adverse possession was historically used as a means of encouraging people to bring unused or uninhabited land into productive use.

Adverse possession requires that an occupation be:

1. Hostile - The claimant must occupy the property for the full statutory period of limitation by knowing fully well that he/she does not have any legal right to posses /occupy that property. The intention of the trespasser must be to acquire title to the property by adverse possession against the true owner

2. Actual Possession: The adverse possession must be actual possession such as construction of house, erection of shed or some structure, fencing the property, grazing cattle in the land, farming and harvesting of crop in the land, planting and cutting trees etc. for the entire period of statutory period of limitation.

3. Open and uninterrupted The possession and occupation of the property by the trespasser/claimant must be in specific period.

4. Exclusive and continuous – The possession and occupation of the property by the trespasser/claimant must be continuous, uninterrupted and unbroken for the entire statutory period of limitation. Development of the land, construction of house or erecting boundary walls is examples of “Exclusive possession”. It must not be token possession or pseudo possession.

These must be met for a specified period of time. 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 that is when adverse possession is applicable.

After expiry of the statutory limitation period, there cannot be any cause of action and the adverse possessor acquires the right, title and interest of the original owner(s) of the property. He/she becomes entitled to deal with the said property in the way he/ she likes or desires.

Ajay N S
Advocate, Ernakulam
3155 Answers
64 Consultations

5.0 on 5.0

Hello,

You have the peaceful possession of the said property over years and that become adverse possession .

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
1061 Answers
2 Consultations

4.8 on 5.0

This is my response to you:

1. Approach the Registrar and try to get the previous documents of the past owners;

2. There is no such thing that there would be no previous owner;

3. You can also file an RTI and obtain these documents;

4. You can also approach the Municipal corporation and obtain the past property taxes that have been paid for that property;

5. Make sure you engage a property broker or agent or property consultant and take his/her help in retrieving the property papers;

6. From all the authorities mentioned above seek xerox copies or true copies (i.e. stamped copies) from them;

7. As long as you have the judgment in your favour, nobody will harass you, but it is better you trace the origins of the flat as early as possible.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

Dear Client,

Even if any actual owner of this property, by theory of adverse possession, you have acquired ownership against actual owner. Check in records, in whose name this property actually is ?

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1) You have all rights that case has been dismissed and got cost so in this way you are the owner of the property.

2) If your neighbor has to challenge to your property than he had challenged from purchase of agreement with in 3 years so court dismissed because of limitations act.

3) So now try to got property paper on owner name and all details in registered office and submit all details in Municipal corporation.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

You need to find your papers or evidence that it’s your land. Otherwise if your Neighbor produces any documents of his ownership of your land three you might lose the case and the land will be given to the one who produces documents. You need to collect evidence to strengthen your case.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Dear Client,

If the case is dismissed, then what issue remains?

Further, the answer to your question is- that the person claiming the right on the said property has to prove it before the court of law. Only if he is able to prove his ownership then court may pass the adverse order.

Better consult a good advocate with all your documentations, for better and precise advice.

Expert Jurist LLP

Jyotishwar Bhosale
Advocate, Navi Mumbai
15 Answers
1 Consultation

5.0 on 5.0

1. Mere possession of property for some years does not diminish the title of the true owner, but the possessor can take the plea of adverse possession.

2. You say that case has been dismissed with costs. So be happy.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

You can claim the title by adverse possession.

Before that you may try to get patta for the land from the revenue department.

If they refuse then you may file a declaratory suit to declare your title perfected by adverse possession and direct the Tahsildar to issue a patta for the land of the building.

After that your father wilt become the absolute owner with clear market title.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Ask a Lawyer

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