What If Clear Title Owner Alive Or Clear Title Owner Died & His Son Is Alive

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Dear Sir, The following principles to be established to get title by way of adverse possession. ============================ ADVERSE POSSESSION There are many judgments and the recent one is as follows: ====================================================================== Protest within 12 years or lose property to squatter ====================================================================== ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE. If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled. A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”. However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession. This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father. Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.” Please give me rank after viewing my details. Please call me for further assistance.

Dear client, If the title owner is not alive then his son is the title owner because of the legal heir. The Positive point will be son can make any new updates in the possession. The negative point is that the Possession hasn't made any agreement with the original title owner and his son wish to sell the property then he can do without any struggle. The best alternative is to get the terms and conditions on the agreement and get signed. for more queries, please contact. Thank you.