Dear Client,
If your name of your father is shown in the in the register that the said property is under 'Kabja' of your father then your siblings may claim their share in the said property.
Agriculture land possession or Kabja for over 40 years
We are in possession of 2-acre agriculture land since 1970 (more than 100 acre land in this area under the possession of different people and we own 2-acre). The actual title holder left the village before 1970 and they never came to the village. A few years ago (roughly during 2000-2003), all land in this area was transferred by title holder to his sons/daughters (came to know through documents). Though we are in possession of the land, the name under Kabja was entered recently (roughly 5 years ago) (same is the case for everyone in that area). 1. How to obtain title over this land? 2. Assuming that the actual owner agreed to transfer the property to our name, how should we go for registration? Is it a sale deed or something else? I am asking this because we will not know their family issues over this land and if this person agrees to register, then his sons/wife/daughters/siblings should NOT create any problem later on. Which is the best way under these circumstances? 3. Is it possible to file an application in tehsildar/ RDO/Collector office to request for the title based on adverse possession? 4. We still do not know their contact details and hence, don't know how to contact them for discussion. What to do in this case? 5. My father and I were farming this land since 1970. After he passed away in 2004, I am alone taking care of this land. I have two siblings. Will this land also be considered for partitioning? The land record shows my name in Kabja column. Further, my two siblings do not live in this village (they left the village after marriage) and they never worked on this land (they only come to the village during festivals) 6. Is there any law or rule that allows the partition of the property, which is under Kabja of a died person but he does not possess the title, among his sons/daughters? (my siblings started pressurizing me to give a share in this land) Thanks.
Asked 6 years ago in Civil Law
7 Answers
You can only claim defence of adverse possession
2) person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it“.
such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.
3) sale deed should be executed by owner duly stamped and registered
4) let your siblings file suit to claim share in land . Take the plea that you cannot give them share as you have no title on the land
1. You have right over the possession of the property as adverse possession you don't have ownership rights over the property and same can be only transferred by the actual owner to you.
2. The present owner of the land has to make a sale deed in your favour with payment of stamp duty and registration.
3. No title of the property shall be not granted based on adverse possession.
4. See you have to find out the owner from the documents if any available with the Tehsildar.
5. In this you have the actual and undisputed possession of the property.
6. See if you brothers file for this land then you can contest same on ground of your undisputed possession over same.
you need to file a suit for declaration of the title of the said property before civil court
1. Possession does not ripen into title irrespective of the duration of possession,
2. If the actual owner is ready to transfer the land to you then he has to execute a sale deed in your favour,
3. No title can be claimed on the basis of adverse possession, you can only defend a title suit on the basis of adverse possession.
1. Just being in possession will not entitle you the property or its title.
2 the transfer should by a registered sale deed only.
For knowing the details of the property you may obtain a legal opinion from a local advocate on this and proceed only when recommended.
3. Tehsildar or the RDO or the Collector is not an authority, only court has power to pass an order to this effect after satisfying all the formalities.
4. Wait for them come to you asking you to vacate after which you can decide about it .
5. Since you have no authority to claim this property, your claim for title [perfecting adverse possession may not be maintainable ion law.
6. Discuss with a local advocate on this.
- Having a Kabja in the records of he department, doesn’t make you the owner of the property.
- But, herein your case, it also has to be seen that it’s after 30 years that real owner has come into picture by transferring it in the name of son’s/ daughters.
- There has been a limitation period of 20 years in case of private land, but herein it has been elapsed.
- So, it makes you the owner of the property by law of adverse possession.
- You should contest it before the court of law if somebody tries to vacate you from there.
