Can the previous owner after 25 years claim right in the property
05-Jul-2023 (In Property Law)
my family living on purchased land by constructing home from last 25 years in Nagpur, Maharashtra. after 20 years previous land owner file suite in court against us for eviction of land and home. Now the case is in Supreme court. Before 25 years when we purchased land my mom taken in writing on 10 rs stamp paper (purchase agreement) as well as on electricity bill in our name on 10 rs stamp paper in 1992. But because of financial issue the registry is not in our name. Now the previous land owner saying this is not his sign on purchased agreement , he did wrong signature on it when we verified and correct on electricity bill stamp paper. now he is saying that we are leaving on rent since 1992 and from 2005 we did not pay rent so he file case against us. we dont have any rent agreement with the previous owner. Electricity bill on our name, we are paying water, electricity, land taxes and we have all the receipts in original and allotments letter in original. This property came under MHAD
This is my response to you:
1. The period of limitation for the case to filed is 12 years therefore you can claim that;
2. The second option is that you can claim adverse possession;
3. You can find a case law helpful to you: https://drive.google.com/file/d/0BzXilfcxe7yuRElJVTJLZ0VadzQ/view
4. Another case law: https://drive.google.com/file/d/0BzXilfcxe7yuTTdZTHUyZDU3TmM/view
5. Also this news article can help you: https://economictimes.indiatimes.com/news/politics-and-nation/protest-within-12-years-or-lose-property-to-squatter-supreme-court/articleshow/58309301.cms
6. Also you can claim share if you narrate the facts stating that you have been staying there for so long;
7. The court should take pity and sympathy and should not evict you.
1. The period of limitation for the case to filed is 12 years therefore you can claim that;
2. The second option is that you can claim adverse possession;
3. You can find a case law helpful to you: https://drive.google.com/file/d/0BzXilfcxe7yuRElJVTJLZ0VadzQ/view
4. Another case law: https://drive.google.com/file/d/0BzXilfcxe7yuTTdZTHUyZDU3TmM/view
5. Also this news article can help you: https://economictimes.indiatimes.com/news/politics-and-nation/protest-within-12-years-or-lose-property-to-squatter-supreme-court/articleshow/58309301.cms
6. Also you can claim share if you narrate the facts stating that you have been staying there for so long;
7. The court should take pity and sympathy and should not evict you.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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