• In possession of land for 40 years

Dear Sir,
My family is staying in a plot from 40 yrs with houses built inside  it in mumbai.We r in possesion of the land. The plot is of approx 6000 sq feet .But The plot is not registered in our name becoz the owner took money from my father but he kept  delaying after few years the owner died.So no paperwork .the owner had made rent agreement with my grandfather in 1975 we have the xeroz copy.i saw the plot property card recently in that it was showing the owner's father had sold 3000sq feet area from 6000sq feet to someone else in 1961.So that was the reason the owner was delaying.the other person who has bought the 3000sq ft has never showed up till now but his name is there on property card. now the owner's son showed up and his claiming ownership for the entire 6000sq ft.And now the owners son recently   has sold the property to some developer.And they r troubling us. Owner son started cumin he told us he has sold it to them.we had gone to police station to file complain but they were asking for papers becoz the owners son is a handicap so police were listening to him more and plus his father name is on property card.so wat can be done now as wat procedure should be followed. Is it  possible to file a atrociti act against the owner and developer in police station as we cum in that caste Schedule tribe.and wat case should be filed in court.

Ravi,Mumbai
Asked 8 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1. Well, I regret that you have no case.
2. In absence of any paper showing purchase of the said property by your father the court is not going to give you any relief.
3. Though sale agreement can happen over verbal agreement but during the 40 years you did nothing to perfect the title is the fact which will go against you.
4. However since you are in possession I would suggest you to negotiate with the developer to get some money and move on.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Your case is purely civil in nature. So the police has no big roll.The police could not evict you from the house. After the demise of owner his legal heirs become the absolute owners of the land. 

In your case the evidences are not in your favour. You have no evidence to show that your father purchased the land. The same time the builder could not forcefully evict you from the land. So wait for negotiation with builder . The same if they try to evict forcefully make a complaint against them and use the atrocity also
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
You do not have title to the property. The legal heirs of the owner who have sold the property have the remedy of filing a suit for eviction against you to recover the possession. You should vacate the property, failing which you can be prosecuted for criminal trespass. Do not bring your scheduled caste status in picture.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) you should refuse to vacate the premises .

2) let the developer file suit for eviction against you 

3) if your father paid money by cheque do you have evidence of the same . ?

4) if you dont have proof of payment made you can claim defense of adverse possession as you have been in possession of the said plot for over 40 years 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
1) Do you have any receipts for payment made in cash ?

2) are the documents in your name ? 

3) assessment to property tax is no evidence of title  to property . 

4) case If any filed  would go on for 10 years atleast 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
1. you have right to claim on the property on the ground of adverse possession. At present it is not possible to evict you. 

2. You cannot prove your ownership because amount paid is in cash and there is no document regarding alienation of property in your father's favour. 

3. You can bargain with the builder and leave the land after getting good compensation. 








































































































Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Cheating by his father does not create title in your favour. If advance amount was paid to his father then a suit for recovery of money can be filed against his heirs. However, if the payment made in cash was not evidenced by a receipt or acknowledgment then going to court will be a colossal wastage of time and money. You can contest the case for as long as the system permits you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Owner son started cumin he told us he has sold it to them.we had gone to police station to file complain but they were asking for papers becoz the owners son is a handicap so police were listening to him more and plus his father name is on property card.so wat can be done now as wat procedure should be followed. Is it  possible to file a atrociti act against the owner and developer in police station as we cum in that caste Schedule tribe.and wat case should be filed in court.

If owner is claiming the property, he should prove his title. 
You have said that the owner's father had taken money 40 years ago but whether he had made any agreement to sell this property to you, even if it was an unregistered document?, if yes, then with the help of such document, you may first file a suit for permanent injunction and also for specific performance of contract against the legal heirs of the original vendor.
Let them give a reply through court and you may also obtain a temporary injunction restraining them from not to vacate you till the disposal of the main suit. 
If their illegal actions are beyond tolerance, you may file a criminal complaint also simultaneously stating that since you have filed a case they are troubling you.  
Dont vacate the property till the court passes an order. 
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
1)the payment was made in cash .
2)Ration card, light bill,election card,Adhar card, documents r there 
3)If assessment  taxes r paid to bmc by my fathers name r their receipts worth in court becoz the bmc officials had cum to collect tax.
4)if the owner or developer files a case against me so so long can the case go or how long i can push it with these documents.

Though the payment was made in cash, the other documentary evidences for your inhabitation  namely ration card, etc, shall go to prove that you are in possession of the property since long, further the law of adverse possession also may operate.
You can give a strong fight back and drag the case from lower court to the highest appellate court till you get justice. 
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0

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