• Adverse possession of SC ST land

We have purchase a sc/st land before 20 years in uttrakhand. And construct a house but dis not register a sale deed.
Do we file Adverse possession against this land
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

Adverse possession can only be claimed as defence 

 

2) you cannot file suit claiming adverse possession 

 

3) you don’t have clear and marketable title to land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Land is NOT purchased by SC /ST, via any Sale Deed.

2. Land is "allotted" to SC/ST for Govt., for specific purposes and is classified as reserved category in the Revenue Records. 

3. By virtue of above, Land allotted to SC/SC "cannot" be sold /purchased and CANNOT be claimed as "adverse possession", more so since the title-ownership of such land always vests with the State Govt. (revenue dept).

4. The Court will not entertain any application for Adverse Possession, once the court's attention is brought to the Reserved Category status of the SC /ST land.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Yes , you can do it given there is no objection from any end.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

- The Supreme Court , in the matter of Amrendra Pratap Singh Versus Tej Bahadur Prajapati and others , (AIR 2004 SC 3782) has held that acquisition of title in favour of a non-tribal by invoking the doctrine of adverse possession over the immovable property belonging to a tribal, is prohibited by law.

- Further , again in the matter of Lincai Gamango and ors. V/s Dayanidhi Jena and ors. (AIR 2004 SC 3457) has held that non-tribal cannot claim to have acquired right or title over such land held by tribal by adverse possession,

- Hence, adverse possession of SC ST land is not maintainable. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

You are suggested to do nothing and enjoy the possession of the property and keep gathering the collection of proof of possession. If something goes wrong or your possession is challenged by someone, then file the case. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

File declaration suit for declaring the ownership 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

There is restrictions on buying SC and ST land.

Sale deed is also not registered. 

It would be illegal to claim SC and ST  Land under the law.

Please submit your unregistered sale deed for review and opinion as per law.

Claim of adversity doesn't arises if law prohibits to purchase and own SC and ST Land.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

No body is questioning your title. Adverse possesion dose not made out.

Sale deed is must document to prove ownerhsip. What document you have ? Or dont have any document.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No, you don't "file" a suit claiming adverse possession. Adverse possession is basically used as a defence and moreover, the plea of adverse possession won't be available to you. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

If there's a restriction in selling the land allotted to person belonging to the community of  SC or ST then your purchase itself is invalid and illegal. 

Moreover there's no registered sale deed in your name,  therefore you may not be able to claim title by adverse possession. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Only if you are sc/st and your possession is legal

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

As per the doctrine of Adverse Possession, you are eligible to claim ownership of the property you reside in peacefully for 12 or more years. Further and better particulars are needed for an effective opinion. I advise you to consult a local advocate along with relevant documents

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You purchased a land belonging to sc st but didn't register it. That means you are not the owner of the land. Adverse possession can be applied when a person protests against your possession. You may then raise this issue.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Now after the judgment of Supreme Court a suit for declaration of title can also be filed on the basis of adverse possession.

2. You are free to file the suit but adverse possession has to be proved through strict evidence.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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