Bought property 42 yrs back. No document. Seller's son asking it back.

In Property Law

There is an ancestral property which was purchased by my grandfather around 42 years back. The required documents were not transferred at the time of purchase. The property is very much in our possession.

Now, the legal heir of the seller claims the same property and has tried to stop the construction of the property claiming encroachment of their property and we have forced them to vacate that place.

As both, the seller and the buyer are no more, what should be our stand to fight the case?

Answers (1)

52 votes

There must be some document which was executed at the time of sale of the property, even a single paper would invariably help to claim your family's ownership over the same, provided, it conveys an intent that the property is being sold or that the seller has recieved any moneytary consideration.

Since you are in possession of the place for such a long time, and nobody has disputed your title, you also become the owner thereof by virtue of adverse possession and you must be having some record in the form of id's, address proofs of your and your family's possession over the same.

Further you can file a case of declaration declaring that your family is the owner of the said property and seeking stay that the legal heirs of seller be restrained from interferring in your peaceful possession.

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