File suit in district court fir demarcation of boundaries of your land
2) you have to make surveyor and recorded pared at parties to the suit
3) you cannot file application directly in HC
Demarcation of Land
My father have purchased a plot of land measuring 1 Bigha in the year 1984 vide a sale deed and the same was mutated in my father's name in the year 1985. The seller inherited the piece of land(13 Bighas) from his mother(died in 1965) who inherited it from her father vide a family partition deed of 1953. In the year 1988, some persons claiming to be relatives(sons of maternal uncle of the seller) filed a petition before the Assam Revenue Board claiming that the seller does not have any right to sell the plot of land as his mother has not got any right on the aforesaid land and also their father being a recorded pattadar(the names of the maternal uncles is still in the record of rights/Jamabandi) they have not been issued any notice of the sale and thereby asked for setting aside the mutation order. The Revenue Board thereafter set aside the mutation order and referred the case to the Circle Officer for issuing notices to the recorded pattadars. On the order of the revenue board the name of my father has been deleted from the Jamabandi. As the land settlement operation was going on from 1995, the Circle officer thereby referred the case to the Settlement Office for disposal. After perusal of all the documents of the case, the Settlement Officer passed an order in May 2003 declaring that the seller has got title over the said land and directing the Circle Officer for correction of record in my father's name. My father made an application to the Circle Officer in July 2003 for correction of the land records as per the Settlement Order and also for demarcation of the land.After that due to some circumstances my father could not pursue the same for some years. In the year 2012, we again applied to the Circle Officer for the record correction and demarcation of the land, but the Circle Officer denied to do the record correction as per the Settlement Court Order as we are not in possession of the land. In the year 2020, we approached the Hon'ble High Court for the record correction and the High Court passed an order in February,2022 for correction of the land records as per the Settlement Order. The name of my father has been incorporated in the record of rights(Jamabandi) in June 2022. We have applied for demarcation of the land in September 2022 and and as per the report of the land surveyor(Mandal) no land is available in the particular Dag. The Circle Officer called for hearing of all the recorded pattadars(22 persons) in the particular Dag(now 4 Bighas).Inspite of three hearings, the Circle Officer has not been able to arrive at any decision and has advised my father to file civil suit. Is there any provision for demarcating the land through filing an application in the High Court? Also, against whom I shall file the civil suit if the land is not demarcated?
Asked 1 year ago in Property Law
Religion: Hindu
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11 Answers
If you had given an application to the revenue department seeking demarcation of land after proper survey and measurement, and if the department is not responding or not entertaining your application, you can very well approach the civil court with a suit for mandatory injunction seeking direction to the concerned department to carry out the requested task as per procedures of law.
The revenue officer or the district collector or both should be made opposite parties to the proposed suit.
You need to do it first by filing an application in civil court having jurisdiction for the same
- You can file a Suit for Mandatory Injunction before the District Court after making the party to the District collector and Revenue officer/Circle officer for directing the Circle officer to demarcate the land.
- Since, your father is the owner of the land, then he can file this case .
As per the report of the land surveyor(Mandal) presented to the Circle Officer two months back, no land is presently available under the particular Dag and Patta as according to the land records available with him all the land is sold out and already in possession of the purchasers for the past few years. In this case whether my title suit will be barred by limitation and whether the purchasers can claim the benefit of adverse possession?
Asked 1 year ago
your claim is not barred by limitation as you are seeking correction as per HC orders
The land surveyor is not n authority to decline your rights or that his report is final in respect of the title or availability of property ion that survey number.
The court is the authority to decide about this, hence you may wait for the court orders.
- Yes, it can be file and there the suit is not barred by limitation
There has been new developments regarding the land.Firstly, a land surveyor(Land Mondol) from the Circle Office has visited the land in 2012 and showed us only the starting point of our land as he was unable to get on the land due to flooding.At that time, we have seen that some people has already settled on the land. Again on the basis of our application for proper demarcation and record correction filed before the Circle Officer, the Land Mondol again visited the land in the year 2014 for demarcation. But again at that time he could not properly demarcate the land due to the objections of the local people. After that, the land surveyor has given the report to the Circle Officer that we do not have possession over the land and as such the Circle Officer has denied to include the name of my father as per the order of the Settlement Officer due to which we have filed a Writ Petition before the Hon'ble Gauhati High Court in 2020.During the process of hearing for demarcation of the land three months ago before the Circle Officer,many facts came to light. As such I have filed a RTI regarding the information for sellers and purchasers of the land as the present occupiers were not co-operating fully.On the basis of my RTI, I found that those who are at present occupying the land has purchased it between 1999 to 2005 from the son of maternal uncle of the seller, who does not have any right to sell as per the order passed by the Settlement Officer in 2003, on the basis of sale deed. Secondly, they are claiming to be occupying the land between 2003 to 2008. Also, in the year 2018 my father have filed a FIR when one of the occupier has started constructing building over the land and on the basis of that FIR a letter was sent by the Police Station to the Circle Officer for demarcation of the land.But no action was taken by the circle officer.Will the civil suit be barred by limitation if filed now and can they claim the benefit of adverse possession?
Asked 1 year ago
You have to file suit to set aside sale deeds executed by son of maternal uncle of seller
2) take the plea that fraudElena sale deeds were discovered gently and suit filed within period of 3 years of being aware of fraud
3) if they are claiming ownership they cannot raise defence of adverse possession
Since you have been taking actions to demarcate and retrieve possession for a long period of time, the illegal occupiers cannot claim their possession adverse to your title.
In fact they can be treated as illegal squatters in the property on the basis of some nominal and sham sale deed.
You filed an application seeking information through RTI act very recently hence your suit should not be treated as barred by limitation too.
Yes if it's time barred you can take that ground and get it dismissed. Adverse possession is difficult to prove and can be proved through trial only
Based on the information provided, it appears that there are several legal issues surrounding your father's ownership of the land. It is recommended that you consult with a local property lawyer who can provide you with more specific advice on your situation. However, here are some general points to consider:
High Court application for demarcation: While it is possible to file an application in the High Court for demarcation of the land, the success of such an application would depend on the specific circumstances of your case. A property lawyer can advise you on the viability of this option.
Filing a civil suit: If the Circle Officer has advised you to file a civil suit, it may be necessary to do so in order to resolve the issue of ownership of the land. You would need to file the suit against the parties who are claiming ownership of the land and seek a declaration of your father's title to the land.
Limitation period: The limitation period for filing a suit to establish ownership of land is 12 years from the date when the adverse possession started. In your case, it is unclear when the adverse possession began, so it is important to consult with a lawyer to determine whether the suit would be barred by limitation.
Adverse possession: If the occupiers of the land have been in possession of the land for more than 12 years, they may be able to claim ownership of the land through adverse possession. However, if the possession was not lawful or if they obtained possession through fraud or misrepresentation, they may not be able to claim adverse possession. A lawyer can advise you on the specific circumstances of your case.
