When was deed of partition executed ?

2) Courts will usually assume that a family member gave permission for use of the property, thus defeating any claim to title via adverse possession.

3) it is necessary that possession has been open, hostile, exclusive, actual, and continual for the statutory period.

4) court might assume that Step mother gave you implied permission to come onto his land, and thus your use of the property was not truly hostile

At time of paying advance you should have made payment by cheque

2) entered into MOU with step mother

3) if step mother failed to execute sale deed file suit for soecific performance within period of 3 years

4) in case step mother files suit to evict you claim adverse possession as defence

5) suit would take 15 years to be disposed of

6) step mother would seek to settle with you

Mere possession of title deed does not establish title in the proeprty.

Adverse possession can not be claimed as a right to file a suit on its basis. However of a suit fo evcition ot suit for recovery of possession is filed you can take adverse possession as defence.

1. Maintaining property for 45 years do not entitle yourself to claim that property under the concept of adverse possession.

2. You shall have to prove with evidence that you in possession of the said property of your step mother for a period of more than 12 years against the expressed wish of your step mother..

3. In the instant case, you are her step son and not outsider. so, her lawyer may argue that she has allowed her son to stay put at her property for which you can not claim its title.

1. Possession of her title deed, patta etc does not entitle you to claim title of her property in absence of any title deed or agreement for sale.

2. For claiming the ownership of the said property, you shall have to submit evidence of your payment of consideration to her.

1. Partition deed is in her favour.

2. You shall have to show some evidence by which you can claim her property.

1. Maintaining a property for 45 years or more does not make you the title holder as one who maintains it is nothing more than a caretaker, but if no attempt has been made to evict you from the property then you may claim adverse possession. It will be for the court to decide whether you are entitled to it or not.

2. If an agreement to sell was executed but the owner did not turn up to execute the sale deed in your favour then the remedy is to file a suit for specific performance.

Can I claim the property by adverse possession/family arrangement of my step mother,as I have been maintaining it for 45 years ..and she obtained the property by a partition deed between us..

Law of adverse possession will not operate in this situation

We have possession of mother document, patta in our name,and also paid an advance to buy the property from her now she is denying that she hasn't taken any advance ,we do not have any evidence for the payment made.

If you have evidence for having paid advance you can file a suit for specific performance of contract within three years from the date of agreement.

However you issue a legal notice to this effect and make her to commit so that she can be brought into this net and then you can file a suit for specific performance of contract.

Partition deed in the year 1973

are you a party to the partition deed?

if not then what is the significance to this deed here?