Yes, you can claim adverse possession and in doing so you have to prove your active possession
To claim adverse possession
Approx 30 yr back my father purchased a land from mahant of a temple, every thing was verbal nothing was documented.we are living on that land since that time peacefully. In 2008 the whole property of temple transferred to dharmic nayas board . And mahant has no power left to sell any property.we have been paying municipalty taxes since 18 yrs.electricity bill since 10 yrs.have voter ID .On these basis can we file a suit for adverse possession ?? And can local resident be an evidence in this case ?? Kindly suggest me plz !!
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
The law of adverse possession can only be taken aid of in defence of a suit and no declaration can be sought for on this regard by filing a suit.
So enjoy the property and take the plea of adverse possession nly when the present owner proceeds to exercise its right over this.
Yes your nrighbours can stand as witnesses in the suit.
1) adverse possession can be only claimed as defence
2) you cannot file suit claiming adverse possession
How can I prove active possession ?? And what is the value of an unregistered sell deed in such cases??
Asked 6 years ago
See you cannot file suit claiming adverse possession if they file suit to take possession from you , you can take a defence of adverse possession and in that examination in chief of local residents can be recorded as.witness.
Possession should be open , hostile , un interrupted for 12 years
2) un registered sale is in admissible in evidence
3) it is admissible for only collateral purposes to prove possession of property
Active possession- by putting evidence that all these years you were in possession without any interference. You can annex municipality bills, taxes etc.
you can approach local Advocate for proper legal advice along with all you documents and accordingly matter can be taken further.
Respected sir...
As per section 17 of the indian registration act registration is mandatory if any immoveable property worth more than Rs.100 un registered sale deed not at all valid however Unregistered sale deed does not confer ownership. However, it can be used for collateral purpose
Thank you
Yes you can file a suit for the same
On the basis of adverse possession you cannot be declaration suit. Let them go to court than take a plea of adverse possession or if forceful eviction than go to court for stay.
Yes you can file a suit for adverse possession if you have been living on the said property for more than 12 years
Active possession can be displayed from the bills and taxes that you have been paying.
Regards
This property belonging to temple, ownership of the same cannot be claimed by adverse possession.
The tax receipts and electricity consumption bills or receipts will not confer title to the property.
In my opinion, even if you file a declaration suit, it may not be maintainable.
Buying a property without registered sale deed is not a legally valid purchase.
Adverse possession for temple land or property is not applicable.
Even if you have an unregistered sale deed, it is not enforceable in law since the property belongs to temple.
Yes you can file case for adverse possession the proof of electricity bills and Voter IDs from that address can prove adverse possession
