• Agriculture land dispute with gram panchayat

We are having a land of agriculture and we are using it for agriculture purpose since more 30 years but recently the gram panchayat raised an objection that a part of the land belongs to a cremation field and we have to vacate that part immediately and on the other hand they are saying that this land is a government land. The land is registered in my mother's name. This land is lying at Village Kemla, Thesil- Nadoti, Dist. Karoli, Rajasthan. In their contradiction in statements, I just want to know:
Can a government land be a cremation field until it is declared so and this part of land is not declared till date.
We are using it for agriculture purpose till date and didn't face any kind of hurdle from any side.
What is the legal outcome of this problem?

Can we claim the ownership right on this piece of land as we are using it uninterruptedly since more than 30 years and know one objected or inform us about any illegality in this.
 Kindly make your valuable legal opinion in this regard so that the problem can be sorted out without facing any problems.
Asked 10 days ago in Property Law from Jaipur, Rajasthan
Religion: Hindu
1) refuse to hand over land 

2) mention that land purchased by mother by registered sale deed  30 years back 

3) that your mother has been in Possession of land for last 30 years 

4) let panchayat take legal proceedings 

5) it has to be proved by panchayat at land is govt land 
Ajay Sethi
Advocate, Mumbai
37871 Answers
2122 Consultations

5.0 on 5.0

In the alternative take defence of adverse possession 

2) you have been in  possession of land for last 30 years 
Ajay Sethi
Advocate, Mumbai
37871 Answers
2122 Consultations

5.0 on 5.0

Being in possession of the land since last 30 years, you may directly refuse to vacate the land. Let Gram Panchayat file a case to prove that it is a government land
Anilesh Tewari
Advocate, New Delhi
3910 Answers
49 Consultations

5.0 on 5.0

Since you are living on the land continuously for last more than 12 years, you happen to be in adverse possession of the same.

Regards 
Anilesh Tewari
Advocate, New Delhi
3910 Answers
49 Consultations

5.0 on 5.0

Approach the civil court and file a civil suit against the gram panchayat or any private person who is seeking to interfere and intermeddle with your peaceful possession over this peace of land and seek an order of injunction in your favour.

You will have to demonstrate in the court that you have a clear title over this piece of agricultural land. 

 
Vibhanshu Srivastava
Advocate, Bangalore
2295 Answers
8 Consultations

4.9 on 5.0

Dear Client,

First of all, from where this land has been acquired/origin. Is it self earned/ancestral/govt. allotted under some scheme or govt. aid for agriculture purpose/lease ?

Check the revenue record, USE of land, if it for agriculture purpose than it cannot be in any way be use for cremation.

Avoid panchayat claims, or file a suit to restrain panchayat to proceed any manner against the land, neither the panchayat has the jurisdiction. 

If it is govt. allotted, or under your possession just like that than you can seek title on the land by theory of adverse possession. 

Details required - source of land  and since when it is in your mother `s name in revenue record. ?


Read judgement below -  

Supreme Court of India
R.Hanumaiah & Anr vs Sec.To Govt.Of Kar.Rev.Dept.& ... on 24 February, 2010
Bench: R.V. Raveendran, Swatanter Kumar

                          Mere temporary use or occupation without the animus to claim ownership or mere use at sufferance will not be sufficient to create any right adverse to the Government. In order to oust or defeat the title of the government, a claimant has to establish a clear title which is superior to or better than the title of the government or establish perfection of title by adverse possession for a period of more than thirty years with the knowledge of the government. To claim adverse possession, the possession of the claimant must be actual, open and visible, hostile to the owner (and therefore necessarily with the knowledge of the owner) and continued during the entire period necessary to create a bar under the law of limitation. 
Yogendra Singh Rajawat
Advocate, Jaipur
299 Answers

4.9 on 5.0

On the next date your lawyer will request for extension of the stay.
This stay is known as time bound stay and gets extended on every date.

regards 
Anilesh Tewari
Advocate, New Delhi
3910 Answers
49 Consultations

5.0 on 5.0

You dosent given me detail, source of property, use of land in revenue record. On basis of 30 years possession and use in agriculture, mother`s name in jamabandi , enough to continue stay. 
Yogendra Singh Rajawat
Advocate, Jaipur
299 Answers

4.9 on 5.0

You can request the court to extent the stay till the next date of listing of this case. The case should not hesitate in doing this. 
Vibhanshu Srivastava
Advocate, Bangalore
2295 Answers
8 Consultations

4.9 on 5.0

The remedy that you have before the civil court is most efficacious.
Vibhanshu Srivastava
Advocate, Bangalore
2295 Answers
8 Consultations

4.9 on 5.0

1) court would after hearing the parties is convinced that you have strong prima facie case on merits extend the stay 
Ajay Sethi
Advocate, Mumbai
37871 Answers
2122 Consultations

5.0 on 5.0

Can a government land be a cremation field until it is declared so and this part of land is not declared till date.
We are using it for agriculture purpose till date and didn't face any kind of hurdle from any side.
What is the legal outcome of this problem?

Since you have a registered sale deed in your name in respect of the said property, you dont vacate the same, let them initiate any action on it which can be challenged based on the documentary evidences in your possession.
In the meantime you may file an permanent injunction suit against the village officals seeking to restrain them from interfering in your possession and enjoyment of the property.







Can we claim the ownership right on this piece of land as we are using it uninterruptedly since more than 30 years and know one objected or inform us about any illegality in this.
 Kindly make your valuable legal opinion in this regard so that the problem can be sorted out without facing any problems.

If you dont have any documents on your name, then you may apply for patta from the authorities to this piece of land on the basis of your possession and enjoyment of the same for over 30 years or period.
The cultivation and village revenue records and tax receipts shall be evidence for your claim.
You can approach even court if you  do not get proper response from the village authorities.
T Kalaiselvan
Advocate, Vellore
27807 Answers
289 Consultations

5.0 on 5.0

What are the alternate remedies so that we may not loose this part of land and also send me some related cases in this regard


You can approach court with a suit for declaration of title on the basis of adverse possession and other documentary evidences to prove your possession and enjoyment of the property
T Kalaiselvan
Advocate, Vellore
27807 Answers
289 Consultations

5.0 on 5.0

We have moved to the court and the court just given us only 15 days stay and thereafter on November, 2017 the hearing is scheduled. Kindly suggest me how this stay can be extended so that the process of claim can be completed.


You can file a memo to extend the stay before the court for the reasons you rely upon on the next date of hearing.
T Kalaiselvan
Advocate, Vellore
27807 Answers
289 Consultations

5.0 on 5.0

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