Home | Legal Advice | Property Law | How to recover possession of my land?

How to recover possession of my land?

Shivendra Pratap Singh

Advocate

03/05/2022/ 8:24:18 PM

Reading Time:

Question: Buyer has illegally encroached on my grandfather’s property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather’s property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather sold about 7 acres and the rest of the agricultural land was illegally occupied and registered. I went to the person who occupied the land to ask for the rest of the land. Then he started threatening me and my family. 

Later I approached the police and they told me to solve this issue in the court. Secondly, my grandfather sold the 7 acres of property without telling the kids (who were majors at the time of registration. Can I file a partition suit? Any answers will be helpful and thanks in advance. 

Asked from: Telangana

You cannot reclaim that property because it is barred by limitation. Statutory period of limitation for possession of immovable property is twenty years. Buyer has taken possession over the land and you never opposed his right in these years. 

Hence, the buyer has been in adverse possession over that property. Therefore, he has acquired legal ownership according to the principle of adverse possession. The limitation period for recovering the possession is twenty years from the date of dispossession. Hence, you have no right to claim ownership on that property.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Recovery of money from elder brother

Question: My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my...

Buying property without home loan 

Question: I have booked a flat for Rs. 51000 in Badlapur, Maharashtra. The price of that 1 bhk is 28 lakhs. I am buying that property without a home loan. The builder said you will get possession till the end of July 2022. But the housing website is showing June 2023...

Builder address not available for RERA filing 

Question: Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but...

Stepmother demanding full share in father’s property

Question: Our property was transferred from pagdi to ownership and no registration was done in the name of my mother. Stepmother is demanding full share in father’s property. My mother died in 1999 and my father take noc from all children. Three sisters and 1 brother...

My neighbour’s window shutters are opening in my area

Question: My neighbour's window shutters are opening in my area of boundary, he has not left adequate setbacks.  His solar pipes are continuously leaking into our entrance passage.  Even on request he is not doing anything about these problems. Please...

Housing society is demanding extra charges for car parking

Question: I have a flat in the apartment. The housing society has provided me with one car parking in the basement. I have three cars and two of them have been parked in the common area. Now the housing society is demanding extra charges for car parking in the common...

My elder brother trying to grab our joint family property

Question: My elder brother is trying to grab our joint family property. He said that the property is a self acquired property of our father. My grandfather had purchased land and built a small house thereon. His family was living in that house. Later on my father...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54