Legal Question in Real Estate Law in India

Problem child?

There is no plea of tenancy or licencee, by the plaintiff, who is my son, in his plaint in the suit 4 ownership.I m in possession of the property which was actually acquired my me in the name of my son in 1958. Can I b pronounced as a owner in view of sec. 110 of the evidence act?It is difficult also impossible 4 my son 2 prove that he spent any money on the acquition as the was a student then.CAN A PLEA OF ADVERSE POSSESSION IS ADVISED THEN WILL I b in a position 2 prove the same ?


Asked on 10/15/08, 10:03 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Problem child?

You may take the plea of ownership; of course you should go by the advice of your counsel who is conducting the case in court. since it is a very unfortunate development, you may be better advised to make efforts for reaching an amicable settlement.

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Answered on 10/15/08, 11:21 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Problem child?

One need to know detailed facts, documents, pleadings and evidence to reply.

You can consult your lawyer with all the details.

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Answered on 10/16/08, 1:46 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Problem child?

you stand a good chance to win the case as it is you who is in possession, at the same time, it is you who paid the money to acquire the said property. there is no need for plea of adverse possession as you can prove that you are the actual owner of the property and you may rely upon the facts and lead evidence in this regard.

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Answered on 10/16/08, 3:09 am


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