Yes you can ask them to vacate.
Rights of ownership of agriculture land
We have an ancestral property which is with our family for more than 100 yrs, patta in our name only. But, the people whom we gave the land to take care is now asking us for patta in their name stating that they were staying in the land for many years. Is this correct? As per law, do they have rights to enjoy our land? They don't have any valid document, still they are saying so...as patta is with us, can we ask them to vacate ( they have own land near by). What law says?
Asked 4 years ago in Property Law
Religion: Hindu
14 Answers
Well this is absurd. They have no right to the land. Evict them immediately. They must be cultivating the lands and someone must have told them to do this. The lands don't belong to them.
Yes, you can ask them to vacate and file a suit for the layout measurement of land of your and neighbors who has occupied your land. Get government measurement for land layout and fix the boundaries accordingly.
A person not owner of the property can nevertheless claim the same by law of adverse possession.
To take resort of adverse possession he has to prove that for the last 12 years he was in possession of the property in open violation of your title.
A permission occupier like contract farmer or caretaker cannot take plea of the same.
It's your property and you hve right. If you have possession they can't do anything
- As per law, A Patta is a legal document issued by the Government in the name of the actual owner of a particular plot of land. It can also be issued for lands having buildings or individual houses etc. constructed on them
- Since, the said land is in your possession since last 100 years, and also having Patta as well, then legally that land will called a claimed possession , and not unclaimed land.
- As per law, one can claim ownership on the ground of continuous use of unclaimed land by the owner since long period i.e. 12 years , and in case government land it is 30 years.
- Hence, on the ground of using the said agriculture land since long time , he cannot claim for Patta from you.
- Further , if he is not having any proof of using the said land since long time , then even he cannot approach the court for getting Patta in his name.
- Yes, you can ask him to vacate the land legally.
- If refused, then file a case against him before the court.
Cultivator who has been cultivating land for many years can claim ownership rights on the land
No one can claim your Ancestral property from you unless you agree to alienate,transfer or sale to third party under the agreement.
Throw them out of your land.The patta is in your name refers your authority over the land.
1. Ancestral Property CANNOT be Sold /Transferred /Gifted /Alienated /Donated /Mortgaged /whatever .... without mutual consent signatures of all Family members on a duly registered Partition Deed.
2. By virtue of the above, outsiders (non-family members) who are cultivating your land for over 12 years (with or without your consent) become entitled for "Adverse Possession" and cannot be evicted BUT ALSO CANNOT CLAIM PATTA OR OWNERSHIP OF SAID LAND, under any circumstances, whatsoever & whichsoever....
3. You can file a Eviction Suit in the local Civil Court, against the opposite persons, citing genuine self use reasons or other valid reasons (they have own land) or demand latest rate of rental value, as may be determined by govt. valuer with relevant increase every year for depreciation etc....
1. You file a suit for eviction of the caretakers.
2. They will take the plea of adverse possession but if your title is clear and you are able to produce jamabandis which reflect your name then the plea of adverse possession will crumble.
Yes, they may claim ownership on the basis of adverse possession, if they have been in continuous possession and enjoyment of the property for 12 years or more.
Dear Sir,
The law in this regard is that if someone is using some land for a considerable period, he may ask the ownership. But in the present case, you are suggested to ask them for vacation and also file the case of illegal possession, if they are using the land after your asking to remove themselves from there.
your can file a suit for permanent injunction and in such case the competent hon'ble court may be granted relief interim injuction / temp. injuction .
They can claim ownership of land on ground of adverse possession if land is under their possession from 12 years or above.
You can ask them to vacate the land but make sure that they doesnt have proof that they were in possession of land from 2008 or before.
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