• Adverse possession or normal possession

I was gifted agricultural land by my father during his life time..He expired in 2009..The land is registered under my name at the Tehsil....I also inherited agricultural land from my father after his death...This agricultural land is farmed by my real brother along with his own share of the agricultural land also gifted by my father...He grows Sugarcane , wheat and Rice on my share of the land...The sugarcane is sold to a Sugar Factory...The payment for the sugarcane that is grown on my land is credited directly to my individual Bank Account by the Sugar Factory...Is this direct transfer of money to my Bank account admissible in court as proof that my brother is not in posession of my agricultural land and that I am in Co -Possesion of my land...Can my real brother apply for "kabjaa" or posession of my agricultural land...
Asked 6 months ago in Property Law
Religion: Hindu

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24 Answers

It's an evidence. He can't get kabza on this ground. Still you should take precautions if you are suspicious by execution of agreement to this aspect

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

Your brother cannot claim adverse possession 

 

2) you cannot claim adverse possession against family member 

 

3) possession of one is regarded as possession of all 

 

4) sale proceeds are credited to your account 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

1. Direct transfer of money to your account is not primary proof of possession in your hands, but it may be treated as evidence of possession conjunctively with other evidence of possession that you may lead.

2. The possession of a co-owner cannot be adverse to the other co-owner.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Sir/Madam

 

The fact that the factory transfers money to your account is sufficient to show that you are in possession of the land as well.

Balaji Iyer
Advocate, Bengaluru
18 Answers
2 Consultations

5.0 on 5.0

1. Payment directly credited to your Bank, legally implies that you cultivated Land and reaped proceedings thereof and would be 1000% evident proof of agricultural income, for income tax purposes. 

2. However proof of actual person cultivating land (or holding Kabjaa) can be drawn from local Witnesses who testify (at times of dispute, in court) that brother cultivated land for so-and-so many years. Further yearly 7x12 extract of land should also mention the "other claimants" who are in actual possession of land to qualify as "Kabjaa'das" for claim/stake purposes.  A n non-stop Kabjaa of minimum 12 years would entitle him for "Adverse Possession holder" and cannot be evicted.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

Respected sir...

No he can not apply for the kabja against your share as he don't hold any right over that and if he cliam in court regarding that he will not get anything from that because most of the things you did in proper manner such as gift deed and after that registration in Tehsil ...that is sufficient sir ...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

1. Yes surely this is proof that you are in possession of the land.

2. However since both you and your brother have separate share its better to avoid future complications by way of demarcation of respective shares. 

3. In the event of dispute don't waste time in filing suit for partition. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

In your case the crops are cultivated by your brother and the amount for sugar cane credited directly to your Bank Account. Legally it is seen that you are permitted your brother to cultivate sugar cane in your land. It never reflects as adverse possession or any advantage of possessory right awarded to him. It may be considered as a licenses

Ajay N S
Advocate, Ernakulam
3624 Answers
71 Consultations

5.0 on 5.0

No, your real brother cannot apply for kabja on your share of land.

You have registered documents, you have payment receipts,  sufficient to prove your version

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Yes, if the land is on your name and all mutation papaers on your name. Plus you are getting credited money of sugarcane which sold to sugar factory in your account. That is sufficient to ask your possession and that your possession. Plus in real brother on land it does not have "Kabjaa" in the family tree person. kindly ask your brother to vacate to give [possession to you.

 

On any of land paper whether its mentioned "Kabjedar" as your brother's name on your property paper where you as owner of the land and your brother as "Kabjedar".

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Dear querist, 

1. No, adverse possession can not be claimed in the relations. since you are the co-owner and co-possessor of the land gifted by your father. You have the full ownership and possession right over the land. 

2. yes, the bank account statement will be a proof in the court of law. 

 

However, in my opinion, An Memorandum of Understanding (Mou) can be executed between you and your brother in the name of a legal formality which will be  beneficial for you in a long run and no kabja can be considered anyhow. 

You can contact me for consultation, in case you require my assistance. 

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

 

Yuganshu Sharma
Advocate, New Delhi
386 Answers
1 Consultation

5.0 on 5.0

Dear Sir,

You will be treated as owner and person in possession on the basis of the documents available, sugar factory transfer but you are suggested to keep paying taxes of land, if any from your accounts etc. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

No your brother cannot apply for "Kabjaa" neither he can claim possession.

Similarly, you cannot also claim his property.

Possession of one co-owner is regarded as possession of other co-owners (in your case, both you are respective owners of your share of property).

In your case, since the sale proceeds are credited directly into your Bank Account by the Sugar Factory, it is enough.

He is only farming in your land on your  behalf. 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

Hello

  1. This is to be considered not adverse possession as the payment for the produce of your share of the land is being credited to your bank account. 
  2. Therefore if he applies for "kabjaa" or possession you can show that though you have not been in physical possession/occupation  of the land the profits of the yield were being sent to you.

 

S J Mathew
Advocate, Mumbai
3033 Answers
110 Consultations

5.0 on 5.0

See you are receiving proceeds from company on sale of crop therefore brother is not in possession of the property against your will you are co-owner and brother is under your permissive possession for growing crops and taking care of the property so he cannot claim kabja over same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

This is not a adverse possession but you have permitted him to use the land gratuitously. And this is proved by the payment received by you.

Still you are advisable to keep vigil.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

- As per the Supreme court Judgment, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property.  The prescribed period in case of for government-owned properties is 30 years.

- Further, to claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period. 

- Since, your brother is cultivating your land along with his own share of land , it means that he is having an oral contract with you to cultivate your land as well , with your consent and knowledge. 

- Hence, as per the Supreme court judgement , he cannot claim his ownership into your part of land on the ground of kabjaa i.e. adverse possession, because your land is not uninterrupted .

- Further, the payment for the sugarcane that is grown on your land is crediting into your account by the Sugar factory , it means that in the Factory record , there is mentioned that this particular land is in your name, and that is the reason the factory is sending that limited amount in your account .

- Hence , your brother cannot apply for kabjaa or possession over your agriculture land legally , and even he tried to same , that case will not maintainable as per law. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Hi,the transfer of money shows that you are in possession and is cultivating the land ..However,it is also advisable that to also make the same entry at the revenue record

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

Yes, the payment for the sugarcane made by the sugar mill to your bank directly can be a conclusive proof to prove that the agricultural landed property is in your possession and enjoyment though he may be tilling or farming the land. 

Besides this you may secure the tax paid receipts and other revenue receipts and revenue records properly to prove your case when necessary.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

The transfer of amount to your bank account from the sugar factory would prove that you are in possession of the agricultural land and doing cultivation. Therefore your brother cannot claim your property on adverse possession. 

Selva Perumal
Advocate, Chennai
314 Answers
36 Consultations

4.9 on 5.0

1. Yes this Direct transfer to your account shows that you are getting benefits from cultivation of your land. 

2. No your real brother cannot claim ownership of property on ground of adverse possession as he is just a caretaker of your land. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

The papers are on your name. Your brother works on your land and the income generated from the land goes to you. That is a strong indication that you own the land. Moreover you must be having the gift deed and the property papers.

Adverse possession is a totally different concept and it is most often misunderstood by people.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Ans:

 Just direct transfer to a person's bank account is no proof of possession of the property

Either you get the requisite agreement property papers from your father or a gift deed whatever is available and registered to claim your possession rights on the property

Garima Anil Mehrotra
Advocate, Mumbai
444 Answers
1 Consultation

4.9 on 5.0

he cannot claim adverse possession. In order to bring a successful claim for adverse possession, the person making the claim needs to be in sole and exclusive occupation and possession of the land for 12 years or more. The person making the claim must exclude others, including the registered owner, from the land for over 12 years.

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

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