• My grandmother's land is in dispute

Dear sirs, 
l am rajendra from andhra pradesh. 

30 years back my grand mother bought 200 sq yards land from her neighbour.She didn't take any note from him. She stayed in that place till 2012. Because of heavy strom she left that place and went to my uncle's home. Now she want to build a house in that place .But the neighbour started quarrel with her and he claims for the land as the land adagal having his name.
How will my grand mother face him? 
She doesn't have any documents. She has only house tax bill n power bill recepts from the year 2000 to 2012 .

In revenue adagals her neighbour's name is there. So that he is claiming for that land. 
She took injuction order , and completed house. 

Will it useful for long time to her? Now case is running in court.
 Is there any chance for her neighbour to win the case?.
How will she get full rights on that land. If she lost the case will she surrender the land? Please help us

Is there any G.Os available. Please refer. 

Thanks and regards
Rajendra
Asked 2 years ago in Civil Law from Vijayawada, Andhra Pradesh
1) was any registered sale executed by the neighbour in favour of your grand mother . ? 

2) it appears your grand mother has not mutated the property in her name after purchasing it from neighbour . 

3) how was payment made by your grand mother by cash or cheque . ?

4) you have stated that your grand mother has filed suit against neighbour and obtained  stay order . the suit papers need to be perused to further advice . 

5) since your grand mother has remained in possession of the house for over 30 years it would be difficult for neighbour to evict her . 

5) however for obtaining declaration that your grand mother is absolute owner of the said land is difficult in absence of documentary evidence of title to the property
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
if there is no sell deed executed by your grand mother in her name and paid all the consideration amount o her neighbour then he is the right full and absolute  owner of the land and your grand mother has no right on that land.

if any sell deed had executed at the time of purchasing the property in the name of your grand mother then only your grand mother may claim that land and will be win otherwise there is no chance to win the case.

As per your information that there is some bills from 2000-2012 then how it will be proved that she is in possession from last 30 years.........

contact a lawyer personally along with the documents, it will be better
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1) your grand mother does not have any evidence of payment of any consideration for land in dispute . all payments were made in cash 

2) no registered sale deed was made by the neighbour for said land . 
3) your grand mother has no clear and marketable title to property . she could not have executed gift deed in favour of your mother .

4)since  your grandmother has stayed in said house from 1990 to 2012 she cannot be evicted without following due process of law . 

5) adverse possession can be used as a shield/defence but not as a weapon = Even if the grand mother  is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership. Only if proceedings filed against your grand mother  and she  is arrayed as defendant that it can use this adverse possession as a shield/defence.-
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. as ur GM has no sale deed in her favour she cannot be owner of house.

2. no proof of payment also goes against her.

3.as ur GM is not owner she cannot make gift to anyone.

4.such documents can help you.

5-8. file suit for possession in civil court with the help of documents u have.

6.yes, doctrine of adverse possession can help u in court.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Your Grandmother has no Title Deed for the said property based on which she can claim its ownership,

2. She has no evidence of making payment towards consideration for buying the said property,

3. So, your Grandmother does not have a marketable title of the said property,

4. Since, she does not have a title on the said property she can not gift its Title to your mother,

5. Since, you paid so much money for raising construction on the land and also on lawyers, does not ejntitle you as the title holder of the property,

6. If your neighbour is  holding the Title Deed of the property, he can surely claim possession of the property,

7. However, as you are in possession of the property for such a long period of 22 years, it will be difficult to evict her without due process of law,

8. The suit filed by your Grandmother is required to be seen for commenting on it.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. For claimimg right due to adverse possession, you should be in possession of the property against the expressed wish of the owner of the property for at least 12 years,

2. If the Title holder of the property asked your grandmother in writing to vacate the premises 12 years ago, then now you can certainly claim adverse possession, should he files an eviction suit against your grandmother.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
only doctrine of adverse possession is in your favor.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
File a suit on the ground of adverse possession that is the only remedy
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
If you have taken possession over the property as a owner then burden of proof is shifted over your neighbor that he is the real owner of that property. Paying tax and power bill are not treated as an evidence for ownership. You should keep possession over the property and file a declaratory suit under section 34 of specific relief act that your mother is owner. Your possession over the property will help you because it is a strong evidence to prove your right over the property. If a land has been in possession of a person for 20 years then he is deemed to be owner of that land. Collect all evidence regarding possession of the land and  documents like possession certificate, plan approval from  gram punchat as taken in the name of your mother will help you.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. Since at the time of purchase of the land a sale deed was not made by the seller (your neighbour) in favour of your grand mother there is a cloud over the ownership of your grand mother. The ownership rights flow out of the title deed alone, which your grand mother does not possess. She also does not possess any receipt of remittance of sale consideration to the seller. Receipts of house tax and power bill do not confer ownership which is otherwise inherently absent. Her claim for ownership is likely to be rejected by the court. The gift deed, if made by her, will be held as illegal by the court if your grand mother's ownership is not recognised by the court.

2. On the contrary your neighbour has his name incorporated in the revenue records. So he can claim the ownership and possession of the property. He will never agree to having sold the property to your grand mother. On the contrary, he can file a case of trespass and damages against your grand mother for occupying his property.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. The injunction order which your grand mother has got in her favour is for a limited duration and will cease to operate if her case is dismissed. It can also be challenged in a higher court by your neighbour which can quash it. If your neighbour succeeds in the court he will be entitled to demolish the house constructed by you. 

2. Although you are on a very sticky wicket in the court, but you have no option except to continue the legal battle. There may be some ground in your suit which your grand mother may maneuver in her favour. Show a copy of the case to another lawyer and obtain his second opinion if your lawyers are not guiding you properly.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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