Benami Act
5 years ago
My father has purchased one land in 1986 in the name of my grandmother and built house after some time there. We have been living in this house for the past 25 years, but some two years before my grandmother sold some part of land to another person which includes small chunk of piece of my house. My father is no more now. I have all the proofs of my undisputed living there. Now the third party came to capture the land. Original sale deed is with me.
I have following questions
1)May I file any case to avoid the capture the Land.?
2)Is Benami Act is valid in this case?
3) What are the legal options I can take in this regard?
4) May I take some legal things which can avoid capture for long time?
Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client I agreed with my colleague's opinions.you can follow through your needs.better way to directly concerned with local property lawyer.
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ARPIT BATRA
Responded 5 years ago
A.You can send the related documents for the same.
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Vishwabandhu
Responded 5 years ago
A.Dear client Before replying your query i want to see the sale deed executed by your grand mother.
When your grand mother is owner or coparcener in the said property and land has been sold recently then how can u say that the person who paid and purchased that property is at fault ? When u have accepted value of that property in cash then now do u want to deceive that purchaser ? It seems that your intension is malafide.
Any way send me copy of your sale deed and let me see it.
When your grand mother is owner or coparcener in the said property and land has been sold recently then how can u say that the person who paid and purchased that property is at fault ? When u have accepted value of that property in cash then now do u want to deceive that purchaser ? It seems that your intension is malafide.
Any way send me copy of your sale deed and let me see it.
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A.Dear Client,
Since you are not the legal owner of the land, you can file the case/ claim for an adverse possession which are as follows:
The basic ingredients of adverse possession are ...Occupy the land in a “hostile” fashion. Adverse possession requires that you make a “hostile” claim on the land. ...,Possess the land. ...Occupy the land in an “open and notorious” fashion. ...Possess the land continuously and exclusively. ...Pay taxes on the property. ...Read your state law. ..and .
please have a look to the following case:
In Munichikkanna Reddy v. Revamma the concept of adverse possession was dealt with in detail. The legal position in various countries was also examined particularly in English and American systems. It was observed that adverse possession in one sense was based on the theory or presumption that the owner had abandoned the property to the adverse possessor on the acquiescence of the owner to the hostile acts and claims of the person in possession. It followed that sound qualities of a typical adverse possession lay in it being open, continuous and hostile.
A person pleading adverse possession had no equities in his favour since he was trying to defeat the rights of the true owner. It was for him to clearly plead and establish all facts necessary to establish adverse possession.
There was an urgent need for a fresh look of the entire law on adverse possession. The Supreme Court recommended the Union of India to immediately consider and seriously deliberate either abolition of the law of adverse possession and in the alternate to make suitable amendments in the law of adverse possession.
Hope this answer all your 4 questions.
Shanti Ranjan Behera, Advocate
Since you are not the legal owner of the land, you can file the case/ claim for an adverse possession which are as follows:
The basic ingredients of adverse possession are ...Occupy the land in a “hostile” fashion. Adverse possession requires that you make a “hostile” claim on the land. ...,Possess the land. ...Occupy the land in an “open and notorious” fashion. ...Possess the land continuously and exclusively. ...Pay taxes on the property. ...Read your state law. ..and .
please have a look to the following case:
In Munichikkanna Reddy v. Revamma the concept of adverse possession was dealt with in detail. The legal position in various countries was also examined particularly in English and American systems. It was observed that adverse possession in one sense was based on the theory or presumption that the owner had abandoned the property to the adverse possessor on the acquiescence of the owner to the hostile acts and claims of the person in possession. It followed that sound qualities of a typical adverse possession lay in it being open, continuous and hostile.
A person pleading adverse possession had no equities in his favour since he was trying to defeat the rights of the true owner. It was for him to clearly plead and establish all facts necessary to establish adverse possession.
There was an urgent need for a fresh look of the entire law on adverse possession. The Supreme Court recommended the Union of India to immediately consider and seriously deliberate either abolition of the law of adverse possession and in the alternate to make suitable amendments in the law of adverse possession.
Hope this answer all your 4 questions.
Shanti Ranjan Behera, Advocate
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sistla ramakrishna
Responded 5 years ago
A.you can claim adverse possession of the property by filing proof to that effect. You must establish adverse possession by showing with the consent of the owner of the property without any objection of the owner you resided in that property for more than 12 years. You can file civil suit for adverse possession by showing that you resided in that house with the consent of the owner for more than 12 years. Benami Act is no role/application to play here is in this case. You can seek injunction restraining the purchaser from entering the house by showing adverse possession in that house. You can file a title suit over the house by establishing adverse possession. On whose name house tax, water taxes, electricity charges etc., were paying. You must furnish full details. We can answer your query in detail.
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A.Dear Sir,
1)May I file any case to avoid the capture the Land.?
Ans: just file injunction suit.
2)Is Benami Act is valid in this case?
Ans: Not applicable to this case.
3) What are the legal options I can take in this regard?
Ans: can be said if you share full documents.
4) May I take some legal things which can avoid capture for long time?
Ans: He has to approach the civil court.
For full procedure contact me on mobile through Vidhikarya.
1)May I file any case to avoid the capture the Land.?
Ans: just file injunction suit.
2)Is Benami Act is valid in this case?
Ans: Not applicable to this case.
3) What are the legal options I can take in this regard?
Ans: can be said if you share full documents.
4) May I take some legal things which can avoid capture for long time?
Ans: He has to approach the civil court.
For full procedure contact me on mobile through Vidhikarya.
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