You should wait for the final disposal of the case then when owner comes to claim possession of same that time you can claim adverse possession over it though it was on rent and court case is going on the adverse possession might not be given but if rent was not paid or demand then you can further strech the case and can bargain and then purHase.
Dispute land litigation and owner ship
Respected sir we have take land on rent in 1986.we did our business and then we build house over that land.We want to purchase the land but the dispute arose between the owner and his family since it was ancestoral land it was not divided.As a result of which it went to court.In the meantime the owner and his siblings passes away and there legal heirs took up the charge .The court ruled that the land should be divided equally.The land was divided but which area belongs to which is not clear and the case against is still pending in court.One day one of the legal heirs comes to me and said the land belongs to him either you should vacate or purchase it from me.When we inquired it is still in litigation and stay has been given to it.But he said mutatioin with him.What I should do either I go for adverse possession or do purchase it or wait for court order.
Asked 7 years ago in Property Law
Religion: Hindu
23 Answers
Hello,
Mutation does not confer the title upon the said person.
Since you are giving the rent, therefore there is no question of adverse possession.
Wait for the court case to get over and then only purchase the land.
Regards
1)You should wait till court order then only you may purchase the said property.
2) Taking into consideration the above facts.Legally the property cannot be purchased as it is under dispute. It is also not recommended to buy such properties. Because if there is any order passed by the courts regarding the case. You will have no other choice but to vacant the premises.
You don't budge to his pressure.
The property is under dispute hence there can be no mutation done by the revenue department.
He cannot evict you, if he puts more pressure you may better file an injunction suit against him and obtain a stay order from court against him or his threats.
Dont purchase the land pending hearing and final disposal of suit
1. Mutation is not a document of title, it does not create or extinguish rights in the property. It is relevant only for revenue purposes.
2. You cannot claim adverse possession since you were inducted as a tenant.
3. Wait for the decree to be passed by the court.
1) Better you call meeting of all legal heirs and mention what the one who came to you that he is the owner of said land.
2) Better to make partition deed first according to all legal heirs, check for your portion who is actual owner and than make further deal with them. while making this deal you have to take NOC certificate of all legal heirs too , so you should not face any problem in the future.
Dear Sir,
If you are not a party in said pending suit then get implead and file necessary applications to restrain such party from interfering with your lawful possession.
You cannot claim adverse possession as your initial entry into the land was lawful
Also it appears that your tenancy is still not terminated
The land has to be physically subdivided and boundaries have to be marked
You can ask the heir who approached you to show you the subdivision order so that you can buy the land from him
If he cannot show that order then you are not required to buy the land
The heir cannot evict you without due process of law, so no need to worry
1. Mutation of Partitioned Land is possible ONLY AFTER proper demarcation survey proceedings and relevant reports and allotment of plot no. in the Revenue Records. Till then, no legal heir can claim any selective portion of the land.
2. You must be intervene application in the matter, to clarify your rental stand to the court and to safeguard your business interests
Keep Smiling .... Hemant Agarwal
1. The property has not yet been partitioned by metes and bounds.
2. The partition suit filed is still pending to be disposed of.
3. So, you shall have to wait till the concerned land on which you have constructed house is partitioned in favour of one of the legal heirs from whom you can purchase the said portion of the land.
4. You are not sure that you shall win the case to be filed by you claiming adverse possession. It will be prudent on your part to settle the matter by purchasing the land from the authorised title holder.
Teh land ws never in adverse possession as you were on rent and the land was never abandoned by the owners. The property has to be equally divided but who gets which portion of the property is still undecided. Therefore nobody can force you to vacate the land unless a clear ownership title has been established. Therefore obtain a stay on these grounds.
Regards
Thanks to all for your valuable advice.As many of you said that you are on rent but we forgave the rent for many years and nobody turned on for many years after so many years these people comes to after the demise of my father. And it comes to my knowledge that there is stay on the land still that person insist on registry.stil I have many queries in my mind could you please give me your advice. Can I get adverse possession? If yes on what grounds and what documents are required? What should I say to him if he comes to me again? What are the remedy if he gave me eviction notice? Can he move against me in court? In court what are the corrective measures for me?
Asked 7 years ago
Though you can contest suit on ground of adverse possession if filed to evict you but a tenant is under permissive possession but seeing the timeline you can claim.same.
Documents establishing your possession on property like tax bills if in your name , electric connection.
You should say that once your dispute is settle land is demarcated by order of court you will purchase same.
If he sends you eviction notice same.has to.be replied he can file a eviction suit in court. In court you shall take defence of adverse possession.
A tenant is a tenant till the end hence no question of adverse possession.
You can file an injunction suit restraining him from evicting you illegally other than by due process of law.
You give a reply notice denying his allegations.
He can but his position itself is not stable.
First of all let him file a suit so that you can challenge it accordingly.
You need to wait for courts order for good title
you were tenant of premises
2) once tenant always a tenant
3) if any eviction suit is filed against you then you can contest the same . Pay arrears of rent
4) eviction suit takes 10 years to be disposed of
1. Adverse possession can be claimed in case you are in possisseion of the property against the wish of its actual owner who has not taken any action to vacate you.
2. In the instant case, you are not sure that you shall gett the order for adveerse possession.
3. So, it will be prudent on your part to settle the matter and purchase the portion of the land on which the house has been constructed.
4. If you get the notice for the eviction suit then contest the said case filed by him fittingly.
1. As I said before, you cannot claim adverse possession, albeit you have the right to remain in possession unless you are evicted through due process of law.
2. If an eviction notice is served then reply through your lawyer.
3. Surely he can file a petition for your eviction, which you can contest.
Hi The case was dismissed. What should I do now ? How can I do sale deed? The person who put the petition for partition passed away . Should I do the sale deed from one of the cowners or I have to take the noc from all the cowners? And if I do the sale deed from one of the owners other cowner can challenge the same
Asked 7 years ago
Consent of all co owners should necessary for purchase of property
if you do sale deed with one co owner other co owners may challenge the same
You need to take NOC from all the co-owners. If not then the legal heirs co-owner challenge the same.
Even though the suit is dismissed for buying the property all the co-owners have to execute the registered sale deed ion your favor.
The legal heirs of the person the co-owner shall do sale deed in your favour, yes if one co-owner make a sell deed other can challenge same.
NOC is required from all the co owners and without division of the property, one share can not be sold by you