• Adverse possession

Plaintiff purchased SITE-1 from PARTY-A in the year 1974 and constructed house on it. Sale deed and 
all relevant documents are in good condition for SITE-1. Plaintiff also purchased SITE-2 from PARTY-A by paying
money in installments. He extended his house present in SITE-1 into part of SITE-2 and built a compound wall
surrounding both SITE-1 and SITE-2.Both parties were ok with the transaction and Plaintiff family enjoyed possession. 
Ignorantly Plaintiff had not got the title documents of SITE-2 into his name. Also he has lost receipts 
of money paid to PARTY-A w.r.t to SITE-2.

Around 2010 after PARTY-A passed away his son secretly sold of SITE-2 to PARTY-B. PARTY-B got valid documents in his name done.PARTY-B also belonged to reputed 

political family. Fearing that reputation of the political status PARTY-B sold SITE-2 to PARTY-C who is a local real estate goon and builder. 

In 2011 finding that family was out of station PARTY-C broke the compound wall surrounding SITE-2 and claimed possession. 
PARTY-C has created khata documents of SITE-2 in his name in 2012. Plaintiff has now put a case in court against PARTY-C to gain back possession of SITE-2. 
Plaintiff and family continue to live in house built on SITE-1 which extends partially into SITE-2 as well.

Property in Dispute is SITE-2

Events in favor of Plaintiff:
1.Undisputed possession of both properties SITE-1 and SITE-2 from 1974 till 2010 (title by virtue of adverse possession)
2.House on SITE-1 extending partially into SITE-2 preventing the fraud claimant PARTY-C from building or selling 
it to anybody else now that case is ongoing and dimensions of present vacant site not matching his documents.
3.PARTY-C sent a notice from his lawyer saying encroachment of building on SITE-1 into SITE-2.This notice actually
helped us to question him about his fraud purchase of site without inquiring about same with house inhabitants. 

Documents in favor of Plaintiff:
1.Tax receipts of both properties and extract from tax register in Plaintiff name till 2010
2.Rental agreement dated 2004 when house was rented out and Plaintiff shown as owner of both SITE-1 and SITE-2
3.Photographs of the compound covering both SITE-1 and SITE-2 before it was demolished by PARTY-C in 2011
4.Completion certificate of building from Muncipal corp issued in 1976

Questions:
1.Plaintiff is claiming in court case of perfecting his title by virtue of adverse possession.Undisputed possession of nearly 36 years.
Does the case have strength/merit in Plaintiff favor?

2.PARTY-C has created Khata and all valid documents in his name.Can we create a encumbrance entry in property 
records of SITE-2 that legal case is ongoing? This will prevent weaken the documents of PARTY-C and also future innocent buyers from transacting with PARTY-C
Asked 9 days ago in Property Law
Religion: Hindu

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5 Answers

Since no sale deed was executed by A in his favour nor does plaintiff have proof of payments made by him only defence he can take is of adverse possession 

 

2) if he is able to prove he has open , hostile , uninterrupted possession for over 12 years he should be able to make out a case 

 

3) there is no provision in the revenue code for recording of entry of lis pendens in the revenue record.

 

4) you can issue public notice in respect of pending legal case regarding property 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

1  yes

2. Yes 

seek injunction in the pending suit and claim alternative prayer for declaration of your title. 

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

sadly you have to undergo this problem due to legal documents. however i would not have suggested to go for adverse possession. i was your property and the documents could have been misplaced and you could have proved your case by circumstances and the records available like photographs, tax documents etc. 

the case of c is very weak and a good advocate would anyhow sail you through. you will get the possession ultimately or it will remain disputed for long and the c will come to you for settlement. you can do one more thing by offering him a reasonable amount if he leaves the property and gives the documents to you. this way you will save years of litigation tension and lawyers fee and other expenses besides mental harassment. 

answer 1. i hope you claimed ownership also but anyway adverse possession is also a sufficient point to help you and you must be having a good case.

answer 2. khata etc do not create right in the property therefore dont worry about that. yes you can get the encumbrance registered in those khata etc. yes it will prevent further fraud. you can also move application in the court to direct them not to create third party interest. add the other departments as party and when they will come they will note that the property is disputed and you will get the work done easily. you can also move application in court to get the notice affixed on the property that this property is under dispute. you can install cameras on your property so that everything is checked.

i hope i have replied to your satisfaction. good luck

gmgupta advocate

[deleted]

Gopender
Advocate, New Delhi
205 Answers

4.9 on 5.0

If the plaintiff has produced substantial documentary evidences to establish his adverse possession of the property, then he has chances to win the case if fought strongly.

 

Please remember that an encumbrance on a property can be created only by a registered transaction on the property.

Even though there is case going on in the court, you cannot just like that create any encumbrance over the property for any reasons.

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Adverse possession is a complicated issue. Unless the ownership doesn't turn hostile it can't be claimed. 

Yes you can challenge the khata and other issue vide filing suit. 

 

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

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