• Protection against suit under section 229b, for absentee landlord

Their is a piece of class (1) land, which is owned by a absantee land lord.
The neighbour is trying to encroach upon the land, claiming false claim and trying to acquire title it through section 229b. Quoting two months notice period of their application and then asking for the land to be transferred on there name. 
What is the remedy to stop them till the absantee land lord is located. Please advise. 
In one of the cases supreme court had observed that section 229b can be done away with - Is it true?? Please quote case details. Thank you.
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

Firslty, as per the information given by you in the present query, makes it clear that landlord is totally unaware about all these.

Secondly, I advice you to intimate the landlord if possible, and ask them if they can authorise you to file civil suit for injunction against any transaction with respect to the same property.

Thirdly, once you got that then you will be in a position to fight the case on their behalf, and may save the property also from going into the false hands.

Rest, you are free to contact me through Kaanoon for further details.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear client

Better file application to Lt. Governor to proceed under escheat , land bone vacantia and heir less. Than it will vest in govt. Later if actual owner appears .he can reclaim from govt. Proving his title on the land.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

hello

229b of the ZA and LR act is a provision by which lands may be transferred and mutated. the encroacher should be dealt with by lodging an FIR and the case which has been filed under 229b must be contested. the act has been repealed although old issues have to be dealt with under this act.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Section 229B of UPZALR Act can be invoked for perfecting the title on adverse possession.

If you are aggrieved by the act of the person who is illegally trying to grab the proeprty, you may make a complaint agaisnt the person before the SDM.

Since you are not the owner of the proeprty nor related to the owner or have been authorised by the owner to restrict the said person from grabbing the property, you may not be able proceed in this case any further other than giving a complaint with the SDM

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Hello,

Some of the legal heir may appear before the court and file an application stating that the title holder is such and such person. To whom do you deposit the rent?

This section 229B to which you are referring is of UPZALR Act, right?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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