• Adverse possession

SIR,
 I am farming on a land in my village since 1969 but I have no any evidieance of thant land which was purchased by me but we could not got its registration.Till date the owner of land has not asked to vaccant or no any notice was given to me,
 I would like to know what is my legal right on that land.
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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14 Answers

If you have the mutation documents that you're name as agriculturist and cultivating crops on that land papers. Not owner as a farmer cultivator crops.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

You can claim adverse possession as defence in case any eviction suit is filed by landowner against you 

Ajay Sethi
Advocate, Mumbai
94896 Answers
7570 Consultations

5.0 on 5.0

Try to mutate your land in respect of this property. 

I am sure the owner after so many years has lost trace of this land. 

Even if he ever claims it you can always take plea of adverse possession. 

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

You should go for a suit of specific performance to be declare as a owner otherwise no harm continue.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You have some rights of ownership on the basis of adverse possession 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You have acquired the title by adverse posession. Can file suit of declaration of ownerhsip. Assert you were in hostile possession against actual owner.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

You will be holding the  land on behalf of the owner as a farmer and your possession is permissible only.

No ownership is transferred to you.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can have tenancy rights but you must prove the tenancy relationship and the evidences for your continuous farming.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

You can become the owner of property by adverse possession if you have been living and have been in possession of that property for so long that you become the owner of the property to the exception of the real owner by adverse possession.

As per section 27 of Limitation Act, you become the owner by adverse possession if the owner doesn't lay claim within a period of twelve years.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You may go on cultivating the land unless the owner wants possession. Then at that point you may refuse to vacate the property. The limitation period wrt the law of adverse possession begins running from that point onwards. As of now you cannot claim that property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to get the said land mutated on your name through consultation of concerned revenue authorities. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can only claim when the possession of land goes hostile and even after you challenging it and after 12 years of same no proceedings or claim is against it by owner

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

1. You can file suit to claim ownership of that land on ground of adverse possession.

2. The suit should be filed against owner of that land.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- As per Supreme court Judgement, 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 your ownership, you will have to prove that his occupancy of the property has been uninterrupted for the entire period. 

- Further , you will also have to prove that he has been the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.

- Further, you will also have to let his intentions known to the owner, with an element of hostility into his action. Starting reconstruction work, for instance, would amount to a squatter's attempt to claim ownership. However, he is not liable to inform the original owner about his intentions. This means the entire responsibility of monitoring the movements of another occupant lies on the original owner.

- Since, you are farming on the said land since 1969 i.e. 50 years , then you have your right to claim the ownership of the said land after filing a petition before the court. 

Mohammed Shahzad
Advocate, Delhi
13332 Answers
199 Consultations

5.0 on 5.0

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