Hunt for a house that fits your pocket
Properties in the range of 50 lakh to 6 crore were showcased as part of HT’s Ideal Home Tour
Often people invest in several properties at various places and sometimes it becomes difficult to manage all of them. Some properties lie vacant leading to a situation where any person/trespasser can occupy such property and deny the title to its lawful owner. In such a scenario it is imperative for the lawful owner to take action against such illegal occupant/trespasser within a period of 12 years. Failure to take action within the aforesaid time period may result in a situation where the unlawful occupant acquires a better title than the lawful owner due to adverse possession. This situation, when a person is in exclusive, hostile possession of a property owned by another party, without hav- plus amount, should you consider partial prepayment of your home loan. Don’t hesitate to partially prepay if you have taken the loan for buying a self-occupied property and the partial prepayment does not bring your share of interest below ₹ 2 lakh. I paid ₹ 14.36 lakh as 50% advance for booking a plot in 2013. Except the payment receipts, there is no response from the builder. When I called the corporate office, I was told that the project had not materialised. What should I do?
—Yatinder ing any right or title over such property, is called adverse possession. Hostile possession means a possession of the land/property by the unlawful occupant of the title of the land/property owner. However, though the concept of adverse possession seems unfair for the real owner of the property, it is recognised by law.
The question that arises for consideration then is that what are the circumstances/ grounds for claiming title over a property by adverse possession? One of them is that the person who is the actual owner of the property must be aware of such hostile possession of the other person/trespasser. Despite having knowledge of such adverse possession if the owner fails to a file a suit and/or to take any action to recover possession within 12 years from the date of hostile possession, then the remedy of taking back possession of his property will no longer be available to him.
The next question for consideration is: at what point of time does the period of 12 years for Unfortunately most buyers do not carry out due-diligence before investing in property. Your best bet is to approach the consumer court. To file a complaint, you need to send a well drafted legal notice to the developer. Await for a response. If you do not get one, prepare a petition stating facts and evidences with the help of a legal expert. claiming adverse possession commence? The 12-year period commences as soon as the possession by the unlawful occupant becomes hostile towards the actual land owners’ title.
Also, the occupant/trespasser must be in possession of the property/land for a continuous period of at least 12 years. Such possession must be uninterrupted and continuous for the entire period of 12 years. It is important to note that such possession must not be permissive as the doctrine of adverse possession will not apply in such a case. For instance, it could mean a land owner giving his land/ property on lease to a tenant. The tenant then cannot claim adverse possession of the land of the landlord as such possession has been permitted by the landlord. Another example of possession that cannot be claimed as adverse possession is possession by a servant, caretaker or the watchman. Such persons are only allowed to take care of the property and obliged to return possession when demanded by the lawful owner.
It should also be noted that no declaration of title can be sought by the person/unlawful occupant claiming title on the basis of adverse possession. When the property owner institutes a suit to claim recovery of his land/property and declaration of his title, the unlawful occupant can raise a plea of adverse possession in order to perfect his title. However, once the suit is admitted, the true owner must establish his title over the land/property. Once the title of the true owner is perfected, the defendant (the person adversely possessing property of other) shall have to prove that he has acquired better title than the owner by means of adverse possession. Therefore, the onus to prove the title by adverse possession lies with the unlawful occupant.
If you were looking for a house and required some handholding, the Ideal Home Tour event organised by Hindustan Times last weekend was a great opportunity.
Held on September 26 and 27, 2015 across four locations, the event saw as many as 1,000 people being escorted to select locations in chauffer- driven cars. These included Mahagun Moderne, Sector 78, Noida, Indosam, Sector 75, Noida, Amarpali Dream Valley, Noida Extension and Ansal Sushant Residency, Greater Noida.
Amarpali’s Dream Valley project is spread across 64 acres and consists of high- and low-rise structures and villas in the range of ₹ 4,800 per sq ft to ₹ 5,000 per sq ft. The builder is offering easy payment plans for these projects.
Mahagun is offering residential projects starting at ₹ 70 lakh going all the way to ₹ 6 crore under the Mahagun Moderne banner.
Indosam in sector 75 and Ansal Sushant Residency, Greater Noida were other projects included in the Ideal Home Tour event. The latter also offered studio apartments in the range of ₹ 20 lakh.
Gaurang Garg (name changed on request) attended the event to look for properties in the range of ₹ 50 lakh to ₹ 60 lakh. He hopes to buy a property out of the money he receives after the seventh pay commission report is submitted and government employees get their dues.
Another homebuyer, Ramit Singh, who has recently retired from his job, was at the site to look for investment opportunities. “I’ll like to invest my hardearned money in a property that will fetch me good returns,” he said.
Prospective homebuyers at the Ideal Home Tour organised by Hindustan Times
(Right) Sanjay Kumar Agarwal, director, Indosam Projects, at the event