Challenging the property possession after 15 years
09-Oct-2024 (In Property Law)
I have purchased an open plot 15 years ago . The plot owner was dead at the time of the sale and his son had registered the plot as he had presented the power of attorney at the time of sale. Now after 15 years his elder brother contacted us saying it was a joint property belonging to his father and he was not aware of the sale. Please suggest a course of action
First and foremost check the ec of the plot. In that register time in the document info is important. If they are in valid means then The doctrine of adverse possession and limitation, more than 12 years they can’t claim the property. If the property is joint nature than also if his father gave any consideration for sale of agreement then section 27 of limitation applies for that property. Before the property in whose hand the property is very important. Consult a lawyer you have more than 80% chances to win the case.
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