• Adverse possession

1- Sir My Name is Shailendra Yadav & I am a Tax Consultant From Datia M.P Sir I Purchase a Old House from Om Prakash Shivhare By Registered Deed Since June 2015. Sir Omprakash Shivhare Have  these Documents for Old House Ownership.
1-	Sale Deed November 2009 (His sale deed made by Naranyan Das Sindh on 12-11-2009)
2-	Nagar Palika Certificate
3-	Nizul Noc with Map
4-	Construction Permission By Nagar Palika Datia With Map
2- Sir I read all Document (For Ownership) Carefully and Publish the news “ AAM SUCHANA” by newspaper after the no objection I complied  my sale deed in Registrar office Datia June 2015
3- Sir I construction the new house with Permission who issued To omprakash shivhare & Valid up to 2017
4-sir in the time of construction Tehsildar Datia issue the Notice that This Land Government land & He stopped my construction with stay order Octomeber 2015  
5-Sir After the Notice New Fact raise that 
1-	This Property omprakash Shivhare purchase from narandas sindhi since Nov 2009 by registered sale deed
2-	At the time of Registry Narandas Have a Only Nagar Palika Certificate because at the time of Bharat Pakistan Distribution Narandas Family (Grand Father & Father) comes from Pakistan since 1947 
3-	Since 1947 old state House given to “SINDHI SAMAJ” for living By DATIA –RAJA (as per Statement of Narandas given in the SDM Court)
4-	Sir Narandas born 1952 in datia at these old house & he & his family stay in old house 1947 to 2009 sir between 1947 to 2009 No any Notice issue to Narandas and after 2009 to 2015 No any notice issue omprakash For Any Type.
Sir Please  Advise me that My Property legally right or Not
Asked 2 years ago in Property Law from Datia, Madhya Pradesh
Religion: Hindu
1) you have purchased land by regd sale deed 

2) it must have contained indemnity clause wherein seller indemnified you against claims made if any 

3) issue legal notice to seller to refund your money and for cancellation of sake deed as tehsildar has issued notice that it is govt land 

4)  In P.T. Munichikkanna Reddy v. Revamma 2007 (6) SCC 59, supreme  Court considered various facets of the law of adverse possession and laid down various propositions including the following:
"Adverse possession in one sense is based on the theory or presumption that the owner has abandoned the property to the adverse possessor on the acquiescence of the owner to the hostile acts and claims of the person in possession. It follows that sound qualities of a typical adverse possession lie in it being open, continuous and hostile." "To assess a claim of adverse possession, two-pronged enquiry is required:
1. Application of limitation provision thereby jurisprudentially "wilful neglect" element on part of the owner established. Successful application in this regard distances the title of the land from the paper-owner.
2. Specific positive intention to dispossess on the part of the adverse possessor effectively shifts the title already distanced from the paper-owner, to the adverse possessor. Right thereby accrues in favour of adverse possessor as intent to dispossess is an express statement of urgency and intention in the upkeep of the property."

5) in your case Narender Das has been in possession of property for  more than 30 years and no eviction proceedings had been taken by the govt 

6) property has changed hands number of times by regd sale deed 

7) in alternative suit can be filed fir declaration of title over the property 
Ajay Sethi
Advocate, Mumbai
44428 Answers
2582 Consultations

5.0 on 5.0

It was your fault to purchase a property without getting a legal opinion. Mere newspaper publication cannot satisfy the purchase norms.The link document of previous buyer shall not be sufficient to buy the property. All the link documents right from mother deed should have been verified and scrutinised before purchase, that is why people flock to advocates for getting legal opinion before purchase.  This small fee to the advocates for the purpose of legal opinion will save lakhs of rupees getting blocked by was of legal hassles and complications at a later stage, a situation similar to yours.   The claim for adverse possession an perfecting the title can be made only by the person who is holding the property by that situation whereas you have a registered sale deed so you are not entitled to claim to perfect he title by adverse possession neither your vendor.  The original vendor who sold this property to your vendor should have perfected the title by adverse possession by obtaining at least pattadhar for the property from the revenue department to prove his title.  Mere occupying the property for years will not entitle a title to him on any basis, he ha to apply for it before the government authorities, who will sanction a patta on his name to confirm title on his his name after which he will acquire marketable title by which he is entitled to sell the property to a third party. If the government property has been illegally sold or purchased, then the entire transaction i invalid, therefore you may pressurise the vendor to return the consideration amount or else you may lodge a criminal complaint against him for cheating, let him explain or fight against his vendor.
Alternately you may file a title declaration suit, no doubt the same may not stand ground for the case to disposed in your favor, but by impleading the vendor as a  respondent, you may have an alternate prayer seeking court direction to instruct the respondent/vendor to return the sale consideration amount obtained by him in case the court decides that you cannot get the title of the property declared on your name. 
T Kalaiselvan
Advocate, Vellore
34568 Answers
372 Consultations

5.0 on 5.0

If it not a nazul land you have right to protest on the ground of adverse possession. But if it a gratuitous land given to sindhi samaj then it is not free hold land and government can take it. But in this condition you have right to get it free hold from lease hold by giving stamp duty and requisite fee. 

Get proper inquiry about nature of this land in worst case it is government land cannot be converted into free hold you should file suit for compensation from previous owner. "namo det quode non habet"a person cannot transfer better title than he has. So if he had no title in the property he could not sell it so he is liable to compensate you. 
Shivendra Pratap Singh
Advocate, Lucknow
4989 Answers
78 Consultations

4.9 on 5.0

There had to be a deed of conveyance in favour of the grandfather of Narandas, failing which the title is not clear. A Nagar Palika Certificate is not a document of title to a property. You should have conducted due diligence through a lawyer before the purchase. It is basic law that the seller cannot convey a title better than his own title. Be that as it may, the remedy for you is to file a lawsuit against your seller to claim the recovery of sale consideration with compensation. There is no adverse possession available to you. Consult a lawyer and show him the notice and stay order to chalk out your further recourse.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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