Legal Question in Civil Rights Law in India
A person got a plot of 1acre in share from his ancestral property partition in municipal area of a district town. Govt. acquired 0.35 acre of his land in 1956. He sold 0.2 acre land to person A in 1961 thro’ a valid registered sale deed, 0.15 acre to person B in 1967 thro’ a valid registered sale deed and rest of the land i.e. 0.30 acre to my father in 1970 thro’ a valid registered sale deed. A and B has done construction in whole of their land. Mine is lying vacant. Vendor who sold land to us has died leaving behind one son. Age of the heir of the vendor was 25 yrs. in 1970 when his father sold land to my father. Now after 39 years heir of the vendor is claiming my land on the ground that his father had sold it without his consent and the property was ancestral. He is not disturbing others persons A and B and govt.. Also, we have not mutated our land. Will law of adverse possession apply? What should we do now?
2 Answers from Attorneys
The law of adverse possession may not apply. You may seek mutation even at this stage.
in case you are in possession since more than 12 years, the law of adverse possession will apply and you would be deemed owners of the plot but you need to prove that you in possession since more than 12 years.
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