Legal Question in Real Estate Law in India
adverse possession of property
my g.grandfather purchased a plot in name of his daughter in 1975 under a registered sale deed. grandfather expired 1990 since then the documents were not traceable and recently we could find sale deed and traced the property but that was occupied by others, E.C shows its our property. Property in possession of others since last 10 yrs. Can we claim this property and on what grounds, please advice.
2 Answers from Attorneys
Re: adverse possession of property
As per the indian law the true owner can claim back the possession from a tresspasser with in a period of 12 years. You can file a suit for possession and must prove that the possession of other person is without any right and not more than 12 years.
Re: adverse possession of property
Yes ofcourse, you can claim the property by filing a suit in the proper court against the present occupiers on the basis of the registered sale deed, but you must do it very fast, since as you say, the property is in possesion of others since last 10 years.