We bought a property 14 years back.Property was being held by a group of people.Now few people came forward and said that they did not got the proper share of the money generated from selling the property and now are demanding compensation for this or sell deal of land to be cancelled.They filed a case against us to do no further development on it.From 14 years we hold that property and didn't knew such was the possible,we have been paying all bills and taxes and in registry etc everywhere our Name is mentioned.Currently the case is at magistrate level.I want to know what happens in case this case goes into court?Does it comes under adverse possession? We have been already legally holding the property for 14 years without any issue.
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Sir if the property was registered in your name 14 years back there is no cuase left in same and they cannot file for cancellation of sale unilaterally.
The group of people can persue recover against there co-owners but they have got no case against.
Further you are owner of property the concept of adverse possession won't be required and won't come.into play here
Kindly further tell what kind of case they have filed and what stage it is , summons to you have been issued or not.
What were they doing for 14 years .?
2) claim of persons is barred by limitation
3) delay in filing suit has to be explained
4) you are claiming property as you have purchased it by registered sale deed
5) adverse possession is claimed only as defence
As you have paid full consideration amount and all of them have signed on the sale deed as sellers then it is not your concern how they shared that amount. Case is in your favour. Distribution of share is a mutual agreement between all the sellers and it is not the concern of buyer.
Any case filed against you, challenging the sale made in your favour 14 years back is barred by limitation having been filed beyond the period of three years from the date of accrual of cause of action as provided in Article 54 of the Limitation Act, 1963.
No need to worry, As long as you have the original deed you are the owner. But in this situation what is tricky is the possession. As long as you hold possession you have nothing to worry.
So let me give you further context.There were a set of lands a group of people held.So around they had 76 lands,but only one person sold the land without information of others and no notice has been issued by anyone to them.Moreover registry for these 76 lands have been done by different people.Notice is being issued to all 76 people separately.I own one of these lands.Now others are saying they didn't knew about it and want their share,hence the sell deal shall be cancelled.I don't know how this happened either that one person gave bribe to government officials,but the present state is I have registry and name everywhere and having been paying taxes for past 14 years. So case is now in front of Tehsil now and notice has been issued to me by upper Allahabad Magistrate to be present in front of Magistrate.No discussions have started till now and dates are being postponed due to strike going on,first discussion is yet to happen. I have registry and every other document in my name and one of the owner is the seller is who sold the land.This is clearly a dispute between so called owners. Other owners haven't specifically filed complaint against me.They have filed complaint against the seller and included me,UP govt and nagar nigam as party. I want to know what will be the further implications on me because of this? What will be the duration of such cases? Am I legally strong? What happens in such cases? Will the deal be cancelled? What preventive actions should I take?
Sir if the consent from other owners not there on registry then the seller can go for cancellation of the deed you have remedy against the seller you can file cheating a recovery of amount with interest.
Further there cannot be adverse possession in 14 years.
In your imterest it would be better pay of sum reasonable amount to other party that are other owners and get confirmation deed done by them in your favour for sale.
If all owners have signed on dale deed as sellers then no issues. But if all have not signed on sale deed then it is a cause of worry for you.
But as the limitation period in civil is normally of 3 trs you can defend you case on the limitation as well as delay and latches.
1) if property has been fraudulently sold and fraud discovered recently sale deed can be set aside by court
2) case would take 15 years to be disposed of
3) out of court settlement is best option
Yes it does comes under the adverse possession.
Take this defense before the court that even if it is to be believed that the sale was illegal, you are now having the adverse possession of the property.
Also, file an objection that the suit is barred by limitation.
Regards
Yes you are legally strong.
Do not leave the possession in any case.
Produce all the documents showing your title before the court.
Though it will be a lengthy process still you do not have to worry.
Regards