Suit can be filed without consent of other co sharer
2) tenant cannot claim adverse possession
3) have you been paying rent
4) necessary to peruse agreement entered into by you to advice further
Property dispute
Sir, My father run saw mill on rented land in 1994 after that in 2010 build house on it. After that my father got expired in 2016. After that one person came to us that this land belongs to us and this land belongs to him. On query we got to that he is co sharer of land and area in which we are living and all the house which are built near to us on land is not demarcated and they only get share rights of land means only share is transferred and land was not demarcated. And co- sharer have dispute between them over demarcation and on co- sharer have pledged some portion of land to bank. And I got summon from civil court that suit has been filled against you by that co-sharer. Kindly advise me that Can co-sharer filled case against me without the consent of other co-sharer? Can we go for adverse possession? What are the documents required for adverse possession? On summon name was written was different i.e my father's name was written as sham in place of surjit Kindly provide me the solution in detail I shall be very thankful
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
Correction Sir, My father run saw mill on rented land in 1994 after that in 2010 build house on it. After that my father got expired in 2016. After that one person came to us that this land belongs to him and this land belongs to him. On query we got to that he is co sharer of land and area in which we are living and all the house which are built near to us on land is not demarcated and they only get share rights of land means only share is transferred and land was not demarcated. And co- sharers have dispute between them over demarcation and one of the co- sharer have pledged some portion of land to bank. And I got summon from civil court that suit has been filled against you by that co-sharer which came to us Kindly advise me that Can co-sharer filled case against me without the consent of other co-sharers? Can we go for adverse possession? What are the documents required for adverse possession? On summon name was written was different i.e my father's name was written as sham in place of surjit Kindly provide me the solution in detail I shall be very thankful
Asked 2 years ago
It is necessary to peruse agreement entreated into by your father to advice
tenant cannot claim adverse possession
once a tenant always a tenant
The said query is already replied by me as adverse possession can only be taken when possession becomes hostile
Already replied in detail. Pl refer the reply.
1. Co sharer does not require any permission of other co sharer for filing suit in respect of property.
2. Applicability of adverse possession depends upon facts of the case. However, in given circumstances being co-sharer this principle of adverse possession does not have applicability.
3. Continuous possession.
Since father is deceased hence case cannot be filed against father. Secondly name is also not correct hence summon is not correct. Donot accept summon. Details required to suggest further.
Once a tenant is always a tenant.
You cannot claim adverse possession to perfect the title.
The property was not purchased nor occupied without any base
The landlord - tenant relationship is enough for the shareholder to file a suit to vacate you.
He need not obtain your permission to file the suit against you.
You may go through the rental agreement conditions in order to challenge the case filed against you.
Yes he can file the suit without the consent of other cosharers.
You cannot claim title by adverse possession being a tenant in that land.
Being a tenant once, you will remain a tenant always, hence none of the documents will help you to claim title by adverse possession.
It is advisable that you participate in the case to avoid the plaintiff to get an exparte decision against you.
.
Yes.
From the beginning, take plea of adverse possession.
electricity bill etc.
Certainly, an individual can file a lawsuit without the consent of other co-sharers. However, claiming title through adverse possession while being a tenant on the land is not possible. Being a tenant once means remaining a tenant always, so no documents will support a claim of adverse possession. To protect one's interests, it is advisable to actively participate in the case and avoid the plaintiff obtaining an ex parte decision in their favor.
