• Received notice of my agricultural land as poramboke land

hi,
i am having land in bhadrachalam area where tribal act applies.i got this land as inheritance from my father whom again received it as inheritance property.we are cultivating that land from past 50 years but there are no actual proof of land in any of my family name.there are no patta or passbooks.iam not understanding how to proceed with this issue.thats total 20 acres land of my family where my share is 5acres.notice received on only one name thats of my uncle .this land past ago we bought from brahmin family whose family also resides there but even they dont have any settlement patta on this land
Asked 9 years ago in Property Law

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9 Answers

Patta is issued only for assessed lands and it is the settled law

1) "poramboke lands" means the lands which is not assessed to revenue records and it is outside the revenue accounts.

2) in such cases if any eviction proceedings are taken by Tahsildar you wont be entitled to any compensation

3)you can file appeal against order of eviction before district collector . the collector will after granting a personal hearing pass an order whetehr these lands are poramboke lands or not

4) you have to in hearing before tehsildar take the plea that you have been in possession of land for over 50 years . you can also seek an injunction restraining govt from taking possession of your land and for declaration of title

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) you have to check the local records for your land in question .

2) you need to contact some one from records office who will carry out detailed search .

3) the problem is you have been staying in said land for 50 years but dont have have any title deeds.

4) you should reply to notice received from Tehsildar and ask for inspection of records on basis of which notice is received . also eek personal hearing

5) also you must be paying some taxes to govt . rely upon receipts to show your possession for 50 years .

6) litigation is long drawn process . we cannot say how long it will take for your case to be disposed of

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. When you had purchased the land from brahmin family the erstwhile owner must have executed a sale deed in your favour. Your title flows out of the said sale deed alone.

2. If the original sale deed is not with you then carry out a title search in the office of the sub-registrar and apply for a certified copy of the sale deed.

3. Engage a lawyer for replying to the notice issued by tehsildar. The proceedings may result in you being evicted from the land in the event you are unable to prove your ownership. If an adverse order is passed against you then you may file an appeal to the District Collector.

4. You have stated that the notice has been received in only the name of your uncle. Do you imply that it has been addressed to only your uncle? If the notice is issued to your uncle alone then he alone has to reply thereto.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. We cannot say how much time it will take as local factors such a pendency, etc play a predominant role.

2. You must search for the sale deed to show yourself as the lawful owner of the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi,

1. The M.R.O is competent to assign lands to landless poor applicants as per the government policy time to time.

2. if you visit the M.R.O(Mandal Revenue Office) office in your area you can get the details and status of the land and if any proceedings and have started against the holders of the land.

3. In badrachalam, telengana district new allotments have happened after as per the B.S.O 15 and the allotted area in measurement for wet and dry land has also changed during the year 2011

4. what is the content of the notice , under what section? get the help of a local lawyer and you should give the reply and take steps to save the land.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. If the said land is not in the revenue records, then it will difficult to establish your recorded ownership on it,

2. If you have received eviction notice, file an application before the collector claiming your title on the land for having possession on it for more than 50 years,

3. If your plea is not heard, you can file a writ petition before the local High Court challenging the collectors order.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. You first try your best to find out any record about your said land,

2. For last 50 years, you must be having some evidence to establish that you are staying there and cultivating the said land,

3. If you can lay your hand on any such record evidencing your having possession and use of the said land, you can claim your title on the said land by filing W.P. before the High court based on those evidence.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

you possession over the land for many years in devoid of revenue record can't evict you from the land. file an objection before revenue officer i.e. tahsildar and place some facts towards your possession and cultivation over the land. however right to property is not a fundamental right but you can challenge this notice by filing of mandamus writ before high court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

legal presumption of your ownership is in your favouer because you have been cultivating that land for many years. if possession is peaceful and never been objected then it has provative force to lead the inference of ownership in your favour.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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