Dear Sir, Location: Dakshina kannada, Karnataka. We have the 4.14 Acre of agricultural land in our position in the last 60 years and durng indira ghandi land reform act, those record are converted in our name , but unfortunatly 39 cents land from 4.14 acre is missed out and recently original owner legal hire is claiming them from us as he has made all the pahani in his name through will from his father and he has taken the loan against that from co-operative society. Now please advise, still he can take back this land position as Pahani is in his name and Teerve( tax) is paid by him regularly . Also please advise us, how we can legall conver them in our name. Regards, SANDEEP RAI
If he has no registered title deed to the property he claims now, except pahani and other revenue records but the property is in your possession and enjoyment, then you can refuse to give in to his demand.
If you don't have any title document then you can file a suit for declaration and also permanent injunction against the opponent to retain possession as well as confirm your title through court of law.
You can file a suit for declaration of title on the ground of adverse possession and a permanent injunction.
2)you have to prove that possession is open ,hostile and continuous
3) if legal heirs files Suit you can take defence of adverse possession
Hi, entry found in the RTC is not absolute. Based on the entry in the RTC no one can't claim ownership of the property. As per Section 133 of the Karnataka Land Revenue Act says that Presumption regarding entries in the records.—An entry in the Record of Rights and a certified entry in the Register of Mutations 1 [or in the
patta book]1 shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.
2. If he wan to take possession of the property he has to file a Suit in the Civil Court.
You can change the same through mutation.
If you have proper records of being in physical possession and enjoyment of the total extent of 4.14 acres of land continuously for the past 60 years as you claim, you need to file a suit at the district court against the other person claiming 39 cents out of it, for declaration of title and repossession, in consultation with a local counsel.
Hello Sir, After receiving many of the above satisfactory answers, can we please clarify my doubts below. 1) How can we prove the land is in our possession for the last 60 years? .. same 39 Cents are pahani is in his name and he has taken the agriculture loan from co-operative society with Phani document. SO vertually he have more proof than us. OUr prooft is only we have aggricuture trees in the same land. 2) Also, where we can file the declaration suit and injection, is it district court or taluk court. How long will this procedure take. Regards, SANDEEP
You can file suit in district court having jurisdiction where property is situated
2) person who claims adverse possession should show (a) on what date he came into possession, (b) what was the nature of his possession (c) whether the factum of possession was known to the other party, (d) how long his possession has continued, and (e) his possession was open and undisturbed. A person pleading adverse possession has no equities in his favour. Since he is trying to defeat the rights of true owner, it is for him to clearly plead and establish all facts necessary to establish his adverse possession”
1) You may have Revenue records evidencing payments of tax, if any. You may present competent third party witnesses who will vouch for your continuous possession and enjoyment.
2) It will be at the district court. Please consult a local lawyer for guidance.
1. You may be having the cultivation records in the village revenue records?
The village revenue records which are generally known as adangal in some other states, if available on your name then you can claim title by adverse possession even if he has pahani on his name, but you may have to struggle to prove your possession if you do not find any evidence to prove your case.
2. The declaration suit can be filed before the civil court and not before any revenue court.
The time taken for disposal of a suit cannot be predicted owing to various factors involved in it.
If. You are paying any tax related to said land for years will be a proof, any transaction which gives the said proof land for years etc