• Claiming rights on agricultural land after 25 years

Hello,

I currently own an agricultural land near hosur Tamilnadu. This was purchased by my grandfather from vendor 1 in year 2000. Over these 23 years it has passed on to my father and then to me. We have been cultivating in this peice of land for last 23 years. 

Vendor 1 who sold the property to my grandfather had bought this from Vendor 2 in the year 1996. 

Vendor 2 has acquired this property through registered will after her husband's death.

Now this month Vendors 2's son is claiming rights on this piece of land claiming he was not aware of the sale by his mother (vendor 2) in the year 1996. 

He has applied a case to nullify all these deeds over the period of 30 years .

I would like to get an opinion if legally does anyone have rights to claim in the scenario i have explained above. 

Also I need any lawyers from Hosur , Tamilnadu who can assist me in addressing it legally in Hosur court.
Asked 1 year ago in Property Law
Religion: Hindu

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12 Answers

a person can only claim rights to a property if they can prove that they are the rightful owner. In this case, it appears that Vendor 2 acquired the property through a registered will after her husband’s death. If Vendor 2’s son can provide proof that he is the rightful owner of the property, then he may have the right to claim it. However, it is also possible that the sale of the property by Vendor 2 to your grandfather in 2000 was a valid transaction and that your grandfather has held the rights to the property since then.

In order to determine the legality of the transaction, it would be best to consult a lawyer from Hosur, Tamilnadu to review all the legal documents associated with the property and provide a legal opinion. They can also advise you on the best course of action to take in order to protect your rights to the property.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Claim of son is barred by limitation 

 

2) suit to set aside sale deed should have been filed within period of 3 years 

 

3) further property was in seller name as per her husband will and mutation done in her name 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

The claim made by the vendor-2's son claiming a share in the proeprty at this stage is not legally valid or maintainable.

It is a false and frivolous suit filed only to put pressure to extort money from the present owners.

The vendor -2's title was verified and found correct by the vendor-1 after which he bought the property by a registered sale deed.

Subsequently your grandfather had bought the same after verifying the documents properly and purchased it only after ascertaining the genuineness hence this is also termed as legally valid purchase, therefore the registered sale deed on yor grandfather's name cannot be challenged especially at this stage.

Besides you are in possession and enjoyment of the same ever since purchase and have documents to prove your possession and enjoyment, hence the vexatious case filed by him is not maintainable therefore you can challenge the same properly and get it dismissed. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

1. If it were to be self acquired property of Vendor 2s deceased husband, then the WILL executed by him in favour of his wife (Vendor2) was in order.

2.  If it were to be self acquired property of Vendor 2's deceased husband, then by virtue of WILL,  Vendor 2 was legally right in selling the property to Vendor 1 in the year 1996.

3.  Vendor2' s son would have no legal standing if it were to be the self acquired property of Vendor2 and Vendor2 had executed WILL in favour of his wife only excluding his son.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Dear client,  

Based on the scenario you have described, it seems that you and your family have been in possession of the agricultural land for over 23 years, and have been cultivating it during this time. It also appears that your grandfather purchased the land from Vendor 1 in the year 2000, and that Vendor 1 had acquired the property from Vendor 2 in the year 1996 through a registered will.

The fact that Vendor 2's son is claiming rights on the land after such a long time may make the case complex. However, it is important to note that under Indian law, there is a concept known as "adverse possession," which allows a person who has been in continuous, uninterrupted possession of a property for a certain period of time to claim ownership of the property. The period of time required for adverse possession varies depending on the circumstances and the state in which the property is located, but in Tamil Nadu, it is generally 12 years.

In your case, if you and your family have been in possession of the land for over 23 years, it is possible that you may be able to claim adverse possession of the land, which could strengthen your legal position. However, this will depend on a number of factors, including the specific details of the case and the evidence that can be presented.

In any case, it is advisable to consult with a lawyer who is familiar with property law in Tamil Nadu to assist you with this matter. They will be able to review the relevant documents, provide you with legal advice, and represent you in court if necessary. You can search for lawyers in Hosur, Tamil Nadu, using online legal directories, or you can seek referrals from friends, family, or business associates who may have had similar experiences.

 

Anik Miu
Advocate, Bangalore
8882 Answers
110 Consultations

4.7 on 5.0

Dear client,  

Filing an OS (original suit) or any other legal action does not give a person the right to trespass onto someone else's property. If someone has entered your property without your permission or authorization, they may be liable for trespassing.

Trespassing is a civil wrong or a tort under Indian law. Trespassing can occur when someone intentionally enters onto someone else's land without their consent or exceeds the boundaries of their own property. If someone is found guilty of trespassing, they may be liable to pay damages for any harm or loss caused to the owner of the property.

If you have evidence that the person who filed the OS has trespassed onto your property, you may want to consider taking legal action against them. This could involve filing a complaint with the police or initiating legal proceedings for trespassing.

In addition to pursuing legal action for trespassing, you may also want to take steps to prevent future incidents. This could include increasing security measures such as installing additional locks, cameras or hiring security personnel to monitor the property.

 

 

Anik Miu
Advocate, Bangalore
8882 Answers
110 Consultations

4.7 on 5.0

No, it can be considered as trespass and you can lodge a criminal complaint against him if he is entering into your property.

Besides you can file a suit for permanent injunction restraining him from interfering in your possession and enjoyment 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

You can take legal action against him for trespassing on your property.

You may be able to sue for damages, file a criminal complaint, or seek an injunction against him.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No he can't trespass. You can take action against illegal trespass 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can seek injunction restraining son from encroaching on your property 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If he has already instituted a case then it will be better to look into the documents. He would have stated amongst other things the grounds to institute after 30 years.

 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Please contact us for legal consultation through this site

Kumaresan
Advocate, Coimbatore
29 Answers

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