Can they claim adverse possession

Since we were not residing in city,squatters had encroached on my land of 15 gunthas.But recently they all shifted to nearby govt land and started new construction.We have filed a suit.

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Property Law

Posted on 20-Aug-17

Advocate Raja

Answered on 29-Aug-17

Hi if you were the owner as per records of sub-registrar, municipality/revenue authorities then you are the owner and it is presumed in eyes of law that you are in possession(it is immaterial whether you stay in city or not). Since you have filed the suit claiming ownership, the courts will be inclined to grant you an order in your favour only. Also any person claiming adverse possession needs to know that claim of adverse possession Supreme court in State of Haryana v. Mukesh Kumar & Ors., has come very adversely on adverse possession and has categorically stated that claim of adverse possession should be treated as against law and in fact even recommended that parliament enact a law to ban such claims.

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Advocate S Sushil

Answered on 21-Aug-17

Few things has to be clarified. 1. Are they still in possession of the property? If they are in possession of the property, You can file a suit for recovery of possession, if they deny you title you have to filed declaration and recovery of possession. 2. Adverse possession can be claim only whey they are in possession openly and uninterrupted from date of your knowledge. It has to be more than 12 years. They have to establish it too. Have they put in pacca construction. Is there any EB service connection. If all these question are answered I be in a possession to say? But claim of adverse possession will not be granted easily.

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22-Aug-17

There were kaccha shops earlier.They vacated the whole land and started constructing shops with bk walls and asbestos sheets..The moment the land was vacated we have filed a suit.The court has ordered status quo and hearings are going on.There are no connections to the land.The title is in our name and we pay tax also.

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Property Law

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Property Law

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