• 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 2 months ago in Property Law from Patna, Bihar
Religion: Hindu

Yes, you can claim adverse possession and in doing so you have to prove your active possession

Mayank Sapre
Advocate, New Delhi
234 Answers

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

1) adverse possession can be only claimed as defence 

 

2) you cannot file suit claiming adverse possession 

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

Active possession- by putting evidence that all these years you were in possession without any interference. You can annex municipality bills, taxes etc. 

Mayank Sapre
Advocate, New Delhi
234 Answers

5.0 on 5.0

you can approach local Advocate for proper legal advice along with all you documents and accordingly matter can be taken further.

Mohammed Mujeeb
Advocate, Hyderabad
10238 Answers
3 Consultations

4.5 on 5.0

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

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Yes you can file a suit for the same

Prashant Nayak
Advocate, Mumbai
12892 Answers
22 Consultations

4.6 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
13207 Answers
17 Consultations

4.6 on 5.0

Yes you can file a suit for adverse possession if you have been living on the said property for more than 12 years 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

Active possession can be displayed from the bills and taxes that you have been paying. 

Regards 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

Yes you can file case for adverse possession the proof of electricity bills and Voter IDs from that address can prove adverse possession

 

Mohit Kapoor
Advocate, Rohtak
3557 Answers
1 Consultation

5.0 on 5.0

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