• Land legal issue

We have all below documents. Only problem is occupier is cultivating land since last 20 years. Mro now removed sy number from website after occupier complained. Please suggest how to proceed.

1.Old passbooks
2. Bank loan till date
4.New pass book
5.Raithu bandhu registration
6. Adangal phani copies from meeseva 
7. Online copies
8. Manual copy phani from 30 years.
9.form B1 Accepted letter from MRO
10. EC from registration
 office 30 years
11. Raithu bheema
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Your query is not clear ? Please elaborate. Who is occupier at present ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- As per law, you may lose ownership over your property if someone else is living/using there for an uninterrupted period of 12 years and claims ownership through adverse possession.

- Further, in order to claim adverse possession over property it is essential that the occupier is not paying any sort of rent, whether in monetary terms or through some other means of compensation to the land owner.

- Since, the occupier is cultivating land since last 20 years , hence he can treated himself a s the owner of the land.

- You should produce the above given documents. 

- Your question is not clear for a property reply. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You make a complaint to the MRO about this illegality and request for rectifying the same.

You can send this complaint in writing by registered post with acknowledgment due.

If they give a reply in writing stating that due to some reasons they cannot entertain your complaint then you can file a mandatory  injunction suit agaisnt the MRO seeking direction to MRO to carry out the said action as per law.

You can take the guidance of a local advocate and proceed.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You need to proceed with mro or if the same is not co-operating then go for writ petition

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. File suit for claiming ownership and possession of your land before tehsildar(executive magistrate).

2. Try to get possession of land by hook or by crook as the rights of land devolve with possession of land.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

It is not necessary that a person who owns a property is also the one who possesses it.

Adverse possession is a doctrine of property that states that a person who does not own a property, but is in its possession, may also have a legal title over the property if the conditions laid down under possession laws are met., any person in possession of a property for more a period of 12 continuous years can claim adverse possession over it.

The first thing a property owner can do is to hire a good property lawyer and send a legal notice to the person who is in wrongful possession of the land. Section 5 of the Specific Relief Act, 1963 allows a property owner to get possession by title. The lawyer can file a claim in the court based on the title of the owner.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

But he is in long possession. He may have strengthened his title by adverse possession.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) 

 the person whose name is recorded in the basic records such as A-Register and Record of Holdings and their successors-in-interest will be considered as the rightful owners. In deciding such disputes, the revenue authorities and the courts need to carefully weigh the evidence relied upon by the rival parties with reference to the record referred to hereinbefore. Even in cases of disputes between the Government and private persons, the above referred record constitute material evidence in determination of title.

 

2) In the absence of proof of patta, the right of a person in possession supported by multiple registered sale transactions needs to be considered.

 

3) Possession lawfully obtained, prima facie, raises a presumption of ownership in the absence of evidence rebutting such presumption. Possession, however short, will raise that presumption and a long possession is not only evidence of title but is a good and valid title by itself. A person in possession, without title, has a right to remain in possession against all, but the true owner, and has an interest capable of being inherited, devised or conveyed.

 

4)i in the absence of a document such as patta or a grant, a person in possession of land for 12 years or more without title can claim transfer of registry in his favour as envisaged by para-7 of BSO-31. The possession of a person coupled with multiple sale transactions would also form basis for his claim to title. In such cases, the burden shifts to the rival claimant, be it a private citizen or the Government, to prove that the land belongs to or vested in them

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

since passbook is issued in your name and you have other documents proving ownership of land you would have marketable title to property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you have the passbook on your name then what is the problem that you are facing now?

The passbook is in your name, the title document is in your name, then you can very well issue a legal notice to the MRO asking explanation about the removal of your name and inserting his name, also you can file a suit to direct the MRO to initiate action as per law in this regard.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

A Pattadar Pass Book is a document which contains all the details of land owned by you (pattadar). This PPB is issued by revenue officials on their own (suo motu) under Record of Rights Act. (R R Act)..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Then it is good for you that passbook for land is on your name. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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