• Transfer of Conveyence Deed

I live in a property in North of Mumbai since 1947 after we were moved from Pakistan. This is a refugee place which was granted to all refugees from Pakistan. After few years of living here, Govt auctioned our place and one of my Grand aunt bought this place without our knowledge. Due to our differences with her then, she filed a case in small cause court for us to evict the property. We challenged her in the court and the court allowed us to stay. This happened couple of times where the matter went to court and was dismissed. My Grand aunt is no more but her daughter took over. She also filed the case and we won the case on merit in Nov 2013. 
Question: There is no pending case now but can the same case be re-opened? Is adverse possession applicable in our case?
If we do an out of court settlement (to avoid future suits), what will be the process? 
As this is very old property, government had issued Sanat/conveyance deed (property title ownership document). Will the process be different for such a case?
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

What was the order? The court had allowed you to stay but that does not confer ownership. The case can always be challenged befor ethe higher courts. 

A suit for eviction can be filed unless it has attained finality.

An out of court settlement is always safe and a better option.

The government has issued a sanad and that is important. Kindly share the order and the sanad with an advocate who will tell you the exact position based upon the documents.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It appears that you are residing in the property without a valid title to the property and also that the property owner who purchased the property had filed many cases in the past against you to vacate you.

Therefore the law of adverse possession to perfect your title on the basis of your residence all along may not be maintainable.

Therefore a suit for declaration of title on the basis of perfecting the title by operating the law of adverse possession may not be entertained by court or you may not succeed even if it is taken on files by the court.

Therefore instead of stretching the litigation anymore, you can call them for talks and setle the matter with them by offering a negotiated price  for the property and get the property transferred to your name by execution of a registered sale deed on your name. 

The sanad or the license was issued by government but on whose name and what was the conditions therein ?

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

It is necessary to peruse court orders passed to advice 

 

2) you cannot claim adverse possession against family member as possession of one is regarded as possession of all 

 

3) case cannot be reopened 

 

4) order passed is final and binding 

 

5) contact a local lawyer for settlement 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1. Decree passed in favor of daughter of aunt is executable till 2025. Limitation for execution of decree is 12 years. 

2. There can be adverse possession against true owner of property, Owner is owner always and forever. 

3. Matter of settlement is between parties. Law will not negotiate for parties. You need to talk her and close the dispute. As no steps for execution is taken so far, she seems not interested in the property. Negotiate with her and settle out of Court. 

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

- As per Supreme court Judgment, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property.  The prescribed period in case of for government-owned properties is 30 years.

- Further, to claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period. You cannot break the period into halves.

- Further he will also have to prove that he has been the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.

- Further, adverse possession not applied within family members , whether the land was encroached for a period of more than 12 years or any long period. 

- Since, there is already owner in possession of the property , and hence you cannot claim the ownership on the ground of adverse possession. 

- Hence, you should firstly enquire whether the deceased aunt was the owner of the property or not , if not then you can claim the ownership. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear client I am sorry to hear that but okay can be Re opened if it is challenged before the Higher Court moreover if the limitation period gets over then no case can be filed until and unless that is a specific ground for the same

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. No 

2. Adverse possession not easy to prove 

3.

 

 

 

 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

the case is already decided

there is no challenge to the decree passed in the landlord's suit in your favour

so the decree has attained finality

now it cannot be re-opened unless the landlord alleges fraud in obtaining the decree

if the decree is in your favour then there is no question of any out of court settlement

also the landlord can file an eviction suit against you if there is any fresh breach of the tenancy terms by you

if you have been paying rent to the landlord or had at anytime deposited rent in the court then you now cannot claim title by adverse possession since claiming title by adverse possession and as a tenant would be mutually destructive and both stands cannot stand together

either you claim as a tenant or a complete squatter /rank stranger who had squatted on the property for more than 12 years without any objection by or from the true owner 

the sanat would be issued to the grand aunt. by virtue of that she and after her, her legal heir/s are the owner of the property. that would not materially change anything, since by whatever mode she had acquired title over the property, what is important is whether you had accepted her as the owner of the property or not

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You cannot make structural alterations without muncipal corporation approval 

 

2) since grand aunt is not related you can claim adverse possession against her as you are in open hostile uninterrupted possession for over 12 years 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

The law of adverse possession may not operate in this situation.

Your narration about your past history may attract sympathy but law cannot come to your rescue because your stay or occupying the property is not adverse to the original owner as they have already filed an eviction suit which was decreed in their favor. 

This property was not compensated to you by the Indian government in ,lieu of the property your ancestors had left while leaving Pakistan for india as a refugee. 

The offer given to you to purchase the property was not utilised by you, hence who ever had an opportunity for this had availed the same.  

Therefore you cannot claim title to the property purchased by others.

Just by remaining in the property may not entitle you the title, as a matter of fact, if you are sued for paying the monthly rental and to evict you from the property for not paying the rental amount, then the court may pass a decision against you. 

You can try through your sources for an out of court settlement which is the only option before you to solve this problem peacefully. 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

- Since, the said aunt is not related with you  , and she also not in possession of that property , and further you are continuously in possession of that property , then you can claim the ownership on the ground of adverse possession, even she is the owner of that property. 

- Hence, you can file a declaration suit before the Court for declaring the owner of the said property after submitting the proof of continuous possession of that property. 

- If she is not in possession of that property , then you can make structural modification to the property if she has not granted any stay from the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear client,  adverse possession is the open and exclusive occupation and use of someone else's real property without permission of the owner continuously for a period of years prescribed by law, thereafter giving title to the occupier-user

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

i am not able to get your query

of what i have understood from your description it seems that since you have been paying rent for this property, you were a tenant originally of the government and after the auction of your grand aunt 

so if you are occupying this property as a tenant then how can you claim adverse possession?

also the fact that a suit was filed against you in the Small Causes Court points to the fact that you are a tenant 

adverse possession can be claimed when the person has no title whatsoever and despite that he is in possession of someone else's property right under his nose, that is, to the knowledge of the true owner. 

you can make the structural modifications after obtaining noc of the landlord and BMC 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Submit an application to Custodian of Evacuee Property of the State under Administration Of Evacuee Property Act, 1950 seeking allotment of property in which you are residing giving details of property left in Pakistan. Correction in previous answer read answer No.  2 as “2. There “cannot” be adverse possession against true owner of property, Owner is owner always and forever. 

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

1. No 

2 courts direction

3. Yes

 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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