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How to file for adverse possession on open land?


02-Jan-2023 (In Property Law)
Hi, few years back my father purchased a land in municipal corporation area. In, early 2000 my father signed a power of attorney (or kulmukhtyar patra) to one person to sell that land however we recognized that instead of selling that land the same person has built his own house on that land and living their since year 2004 till now. He registered that house on his wife's name and paying property bills, electricity bills, etc. since 2004. Is he allowed to do so? Do we lost our property? Is he has now the legal owner of that land? How can we claim our property back? As he has POA, can he sell that property to someone else without my fathers knowing? What are the consequences of this? Please advise.
Answers (3)

Answer #1
752 votes
Hi,
As per your query,your father had given power of attorney to the person to whom the possession of property is .we have to see the rights which have given in the power of attorney .Once we have check the power of attorney ,we will decide to file suit against him

Answer #2
854 votes
Greetings. firstly check the name of owner in Revenue Record like 7x12, Property Card etc. secondly has he anytime paid any kind of consideration to your father? or your father had anytime signed any other document for selling/Transferring the land? Whether the POA is registered? or executed before magistrate?paying the property bills dosent transfer ownership of land. you can file a civil suit in court and claim the ownership/eviction. Visit me for more details. thanks
Answer #3
501 votes
Is your father alive at present he can take return that power of attorney with giving notice to that concern person. If he is not alive at that instance you can file declaration about separate possessions of property to concern power of attorney holder.

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