• Land documents are in my name however possession is with my relative

Hi,
We have agriculture land of 1.5 acre which was in my father's name, my father passed away few years back, recently in the month of Dec 2017 the land documents are transferred in my mother's name. 

We are staying in Bangalore city and the land is in the village and hence the land position has been given to our relative who is adjacent to our land for farming.
He used to share with us some share of the harvest from the forming in that land every year, this mutual understanding by orally continued for than 20 years, since he was our relative we didn't made any agreement on papers.

After the land documents transferred to our mother's name we thought of forming by ourselves and tried to cultivate the land, however our relative now is not letting us to enter into our land and also tried to manhandle us and telling that the land belongs to him since he is in the position of the land for more than 20 years.

We lodged complaint against him in the police station however our relative is very influential person politically, the police are supporting him and telling us to get it resolved by mutual understanding with our relative, we are not getting any support from the police and also most of our relatives who are in the village are supporting him.
Please help us how we can proceed further to get this issue resolved and get into the position of our land.

Thanks
Nanda Kumar. G
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

1. Anybody in possession of a land for more than 12 years against the expressed wish of its actual owner can claim adverse possession of the said land.

2. In the instant case, your relative is not in possession of the said agricultural land but was firming the same with your consent for which it can not be termed as adverse possession.

3. Lodge a police complaint against him for trespassing in to your mother's land against your wish

4. File a declaratory suit praying for a declaration that the said land belongs to your mother and she is within her rights to restrict anybody's entering in to her said land.

5. Simultaneously, file an application u/o 39 r 1 & 2 praying for an order restraining your relative to enter in to your land till the suit is disposed off.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

File suit and seek court orders to direct relative to vacate portion of your land under his possession

2) seek injunction restraining him from cultivating your land

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

Nanda Kumar G, please don't say given cultivation to said your relative anywhere and anybody and also denied his possession, if say it will help to your relative and he claim adverse possession against you, he will take advantage of your innocence. You have to file the case for Permanent Injunction against the said your relative not to interference in your land before jurisdiction civil court and also you don't care third party villagers, supporters of him. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Hello,

It is advised that you file a civil suit for possession of the property. Mention in the suit that you used to take money as against the possession thatbwas given to them.

This is a case which is civil in nature and the police can not do much in this case.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Firslty, sir, you have all right over the land as it doesn’t wash away of somebody is having been cultivating for some years out of love and affection between each other’s.

Secondly, if police doesn’t file FIR then please make an application in the form of a complaint and send to the DCP.

Thirdly, if still no action then file case under section 156 (3) of CrPC before the mazistrate to register the same.

Fourthly, you should also file suit for possession declaration to hold on the land as soon as possible.

Would feel fortunate to help you further in future.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

1. file a declaratory suit in the civil court

2. take a stand that the relative was only a caretaker and that you have terminated his services and called upon him to vacate the land and remove himself

3. take out an urgent application in the suit seeking relief that the relative should be restrained from entering into the land. You need to find some concrete reason why he should not be allowed to enter. Like he is causing wasting of land. Or he is doing illegal activities in the land. something you need to establish to obtain the interim relief from court

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

Your relative is in permissive possession. It appears somebody misguided him that he has perfected his title/ownership over the above land as he is cultivating for 20 years. Even oral permission to cultivate the land is permissible under law. You may file a suit for permanent injunction or possession as advised by your advocate on the basis of documents. For more suggestions you may contact me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Better file court complain, hiring some local lawyer, than police will left with no option but to proceed against him.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If the local police is not effective or not cooperating then you may approach the district top police officer with a similar complaint seeking his intervention and direction to the concerned police for proper action on your complaint.

If that is also not yielding any fruit you may approach judicial magistrate court within the jurisdiction under section 156(3) cr.p.c. seeking its direction to the concerned police for initiating proper legal action on your complaint.

Alternately you can file a suit for mandatory injunction and for possession of your property by dispossessing him by due process of law.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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