Sale of adversely possessed property without the court's judgement


Assuming a Hindu seller satisfies legal conditions for adverse possession of property in Maharashtra but has not pleaded it in court, is there a way to sell this adversely possessed property without getting a court judgment or will the buyer require a court judgment in favor of the seller's adverse possession claim?

Answers (2)


274 votes

Following problems can arise due to sale of property possessed by adverse possession:

1. There is no clear title to the property;
2. Every sale deed or transactions made with respect to the property are not valid in law;
3. Every next person who deals with the property will never attain a clear title to the property and can become a
complicated legal dispute in the future;

It is always advisable to complete all the legal processes and then proceed with the sale of the property.


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242 votes

Hi
This is ridiculous . Adverse possession is not way of acquiring ownership over property. Even you can not approach court for seeking such declaration of ownership. So you can not transfer property based upon this concept.

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