• How many years stay in a house you built will ensure you are the absolute owner

We built our home in 1995 and land has clear lineage for 30 years and above .We have approached a cooperative bank for loan on the property . They are saying we need confirmation deed from 1st land owner in 1970 who we dont know whether he is dead or alive .
I believe if one lives in own house for more than 14 years they are considered as absolute owners and even if anyone approaches court it is dismissed null & void .

I need relevant section under property law with amendments to give to the bank as back up papers. The loan is sanctioned but disbursement is pending due to this . SOS 

Dr Kumar
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

The law on adverse possession is contained in the Indian Limitation Act. Article 65,

Schedule I of The Limitation Act prescribes a limitation of 12 years for a suit for possession of

immovable property or any interest therein based on title. It is important to note that the starting

point of limitation of 12 years is counted from the point of time “when the possession of the

defendants becomes adverse to the plaintiff”. Article 65 is an independent Article applicable to

all suits for possession of immovable property based on title i.e., proprietary title as distinct from

possessory title. Article 64 governs suits for possession based on possessory right. 12 years

from the date of dispossession is the starting point of limitation under Article 64.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

through what mode, you have acquired the land ?

By theory of adverse possession, actual ownership is acquires in property after 12 years of peaceful possession against the actual owner. But this deceleration requires court order.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Hello,

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.

Refer to the following article for detailed analysis:

http://mja.gov.in/Site/Upload/GR/Civil%20Summary%20(Adverse%20Possession).pdf

NOTE: The bank will ask for previous papers (this is the internal policy), you are not required to find the previous owner, get in touch with a local lawyer and procure the document and if the same is not available then you will have to file a declaration suit.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

if original owner is dead his legal heirs can execute deed of confirmation

2) you dont become absolute owners if you stay in house for 14 years

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

to confer clear and marketable title to property it is necessary that registered sale deed be executed in favour of purchaser

2) in your case since you had purchased property by sale deed you would be absolute owners of property

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

This issue before us pertains to 'adverse possession' in case you do not have title deeds, documents in your name and favour depicting your ownership. please note that to claim adverse possession it has to be proved that such adverse possession is open and uninterrupted to the enjoyment for more than 12 years. Please See Section 53-A of the Transfer of Property Act and also look into the issue and clarify that whether you have title in your name with respect to the property in question, as adverse possession and title/ownership in your name is inconsistent to each other.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

are any of these documents registered? i dont think so! otherwise the bank would not be requiring you to obtain the confirmation deed

only way out is to issue a public notice to invite objections from public against mortgage of the property to the bank

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Dear Sir

There are other points along with Adverse possession needs to be addressed which help you to get the loan process easier. The other points over the document validity and admissibility needs to be provided.

We will assist in the providing the same

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

See in case the owner is not traceable the Declaration suit has to be filed based on the documents and possession and the court declares you the complete owner of the property.

Further try with a nationalised bank as property was sold with a registered deed in that case and previous deeds were also registered so the other bank may sanction the loan.

Further if the owner is dead legal heirs can execute the confirmation deed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See that principle of possession can be taken as defence and further a suit has to be filed to declare ownership and court order is required directly time period without court order does not confer any right.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. you have stated "I believe if one lives in own house for more than 14 years they are considered as absolute owners and even if anyone approaches court it is dismissed null & void". It is not true. By occupying land of some one or 14 years, you do not become its title holder.

2. However, if you occupy some one's land for more than 12 years against his expressed wish and he does not take legal course of action, then the Court allows adverse possession to you.

3. You shall have to file a petition before the Court claiming adverse possession of the said land.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. What do you mean by "absolute deed"?

2. If the owner of the land has not registered a Sale Deed in your favour, then you are not legally considered as its title holder.

3. You shall have to file an adverse possession case for claiming legitimacy of your possession of the said land.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

12 years adverse possession is sufficient to claim title to the property . The law is very clear. You can file a suit for declaration and then approach the Bank.

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

ADVERSE POSSESSION

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
6135 Answers
483 Consultations

4.8 on 5.0

1. It is incorrect that if anyone remains in possession of the house for 14 years he becomes the owner, much less absolute owner. Title originates from the sale deed and not duration of possession.

2. You say that property was last sold in 1994 to 'another buyer'. How did you get the property? You have no title to the property. The bank is right.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Do you have the registered sale deed or any other form of registered title document to prove the title of the proeprty?

How did you originally acquire the proeprty?

The confirmation deed is not necessary if you possess the original title deed and the parent deed of the proeprty.

If this bank is not entertaining a loan application, you may approach another bank

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If you have all the registered deeds to trace the title and if it is confirmed that you have clear and marketable title then the bank should not refuse to grant the loan for that silly reason.

There is no necessity for insisting on the confirmation deed.

You may make a representation to the higher officer of the bank or change the bank to some other financier for better offer.

Legally you cannot insist the bank to grant loan without complying with their requirement since it is ultimately their discretion to grant loan or not.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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