• Forceful establishment of ownership on a property

I bought a property few months ago from a person (Mr. X) who himself bought the said property in 1989 from (Mr Y). He made mutation of the property and also made conversation of the property as shop and ran business on that property till March 2018. I bought the said property from (Mr. X) in March 2018 and made mutation in favour of me.
Now a person (Mr Z) is claiming that the said property was sold first to him in 1983 by Mr Y and later Mr Y sold the same property to Mr X in 1989. The person (Mr Z) who is claiming the ownership of the property as the first buyer in 1983 has also the deed which was executed in 1983. In the both dead the seller was Mr Y.
The person (Mr Z) who 1st bought in 1983 had done nothing like mutation, tax paying etc neither he had taken the possession of the property till date. But in 1989 after buying the property , Mr X took possession of the land, made mutation and conversion, built infrastructures and ran business till March 2018 and sold to me. Now the person (Mr Z) is forcefully capturing the property from me and wanting to establish his (Mr Z) ownership on that property. Now who is the actual owner of the property as per law? Mr Z or Me?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

As he did not tried to establish his right or possession over property in last 25 years he is barred to claim it now. Civil suits has a certain limitation. Doctrine of delay and latches is applicable here. You can defend yourself by claiming this.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

The claim made by Mr. Z is time barred as the limitation of challenging the transfer to and making claim on the property has expired. File a police complaint over Z give a written letter to SDM and collector regarding same he cannot forcefully take over the possession from you. Further even in slightest chance he got any right (which he doesnot) he has to approach civil court he cannot force for ownership.

See to establish owner all the documents from both side has to be seen but from facts enumerated above it is clear that the claim of the said person is not maintainable,.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Remember the person who has the possession always has the better title than any other , so don't lose your possession .

Mr.z cannot suddenly do this after sich a long time . He is barred by law to bring any suit so he is trying to capture it in other way. Take help of a legal professional to prevent any kind of trespassing.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

In any case has to go to Civil Court to claim the purpose from Mr X and from you making both of you party in the civil suit

As you have purchased the property and it is already mutated and you have possession as well in case of any adverse disease which is not a possibility in this case you can file a suit under section 420 and 406 IPC on Mr X and a civil money suit on him as well

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If registered sale deedis executed by Y in favour of Z then Z would be absolute owner of property

2) Z would need court orders to claim possession of property

3) if Z purchased property in 1983 why he did not carry out mutation of property in his name nor take possession of property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Avoid mr. Z. Is the sale deed registered, if yes even than he has dead claim and cannot be invoked though court also.

Mr. X was valid owner and even if z has any claim that shall be raised against Y only non else.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Z needs a registered document standing in his name to claim prior ownership

He does not even have possession

He was also not paying any outgoings and taxes

He claims to have purchased the property from Y in 1983 but did nothing to assert his ownership rights and now he is claiming ownership after lapse of so many years when third party rights have been created over the property in your name

So his claim is clearly barred by law of limitation and he will miserably fail even if he goes to court to claim ownership or declare himself as owner

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

1. Was the sale deed in favour of Mr.Z registered or just executed?

2. Before buying an immovable property it is customary to conduct search from the local registry office and also from the RA office at Dalhousie, Calcutta which probably you have skipped.

3.If Mr.Z has got his sale deed registered before the Registrar then legally he is the title holder of the said property for registering the sale deed before Mr.X.

4. It appears that Mr. X also has not conducted any registry search or when he came to know about the sale to Mr.Z, he has sold off the said property to you.

5. However, the question is how has Mr.Y register the ale deed in favour of Mr.X when it was already sold to Mr.Z. May be that the ale deed in favour of Mr.Z was registered in a different Registration office where none of you conducted the search.

6. Here Mr. Y has cheated Mr.X by double selling the property which he hd already sold to Mr.Z.

7. You can lodge a police complaint against Mr.X for cheating you and also file a Money Suit claiming refund of the amount you have paid including the registration cost with interest, damage and cost.

8. Simultaneously Mr. X can file a declaratory suit claiming adverse possession of the property since Mr. X held its possession for more than 2 years before selling the same to you.

9.Meantime you should lodge a police complaint and also file a declaratory suit and thereafter file an application under Order 9 Rule 1 & 2 praying for an order restraining Mr.Z in entering in to your said property.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Z cannot forcibly occupy your property.

He has to approach court for relief and remedy.

If he still indulges in such illegal activities then you may register a criminal complaint against him for creating nuisance, land grabbing and criminal trespass offences.

Let him approach court because he never took possession of property.

Moreover he did not bother to take possession after purchase hence he has no remedy to this by such illegal activities.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Hi,

You will be the actual owner as the claim of "Z" would be time barred and the said registration in favor of X can't be cancelled.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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