Legal Question in Wills and Trusts in India
Dear sir/madam my dad had booked two flats in 2001 in a building on the 7th floor and the work in the building has stopped as the builder has failed to acquire legal permissions. he had given me a temporary accommodation on the 1st floor for one flat till the building construction resumes.
the details of my payments are as follows....
flat no 704 - 12,50,000 - paid 6,25,000 ,flat no 703 - 7,50,000 -paid 1,00,000 along with stamp duty registered agreements.
have been given temporary accommodation on 1st floor 104 .
its been 13 yrs since i am staying in this house and 8 yrs since the society has been formed paying maintenance for flat 104.
i asked the builder to transfer at least the flat am occupying in my name so that i can live peacefully. But the builder is asking me to pay 6,25,000 in white and 50 lakhs in black which is close to the current market rate.
my question to you is can he evict me suddenly out of the house because it is not in my name and am not paying rent to him.....secondly can i get a court order in my favor to force him to transfer it in my name by paying the balance amount of 6,25,000 only.
kindly advice.
1 Answer from Attorneys
go for plea of factum of possession, fatum of possession the occupation or possession of land by a person not legally entitled to it. If continued unopposed for a period specified by law, such occupation extinguishes the title of the rightful owner. In English law, title to land may be acquired by adverse possession, the relevant period being 12 years. Where the land is subject to the Land Registration Acts, adverse possession for the requisite period confers on the squatter a possessory title. This may mature into an absolute title after a further ten years
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