• Understanding jamabandi

I am a person of Indian origin and have recently discovered that my father owned properties in India (25 years after his death). It appears now that there are many problems with the properties (agricultural, lal lakir residential and commercial properties. Please could you explain what the jamabandi show, whether any of these properties can be sold by me ( I am the daughter of b). If so, what are the issues might face and what I can do to resolve them:

1. Column 3 Owners
a son of x son of y 1/3 Sissa
b son of x son of y 1/3 Sissa
c son of x son of y 1/3 Lead
Column 4 Cultivators
c son of x son of y Shahsedar Baya d son of e son of f 1/6 share g son of e son of f 2/3 share h son of e son of f 1/6 share Mushatsaran Kasht Mushtrian 

2. Column 3 
Jumla joint owners
Column 4 
Makbuja panchayat deh

Is the agricultural land owned by the new people or the new people cultivating it only? What are the possible ways of selling them without going to court? 
Also, I have no documents for the lal lakir properties. They are also under the possession of other families. Is there any chance of recovering them? If so, how?

T
Asked 2 years ago in Property Law
Religion: Hindu

17 answers received from multiple lawyers

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17 Answers

If you are the only legal heir of your deceased father then you can claim the properties from the occupants who are strangers to the properties.

However it is pertinent that you should have the original documents pertaining to the properties.

If the properties documents denote that was the absolute owner by the virtue of the registered documents on his name, then issue a legal notice to the occupiers to vacate and deliver vacant possession of the properties.

Failing to respond you may file a suit for declaration of title and for possession of the properties.

You can take the assistance of a local lawyer and proceed as suggested

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You need to first get information about all the properties and then file necessary legal suit for possession if some other person is illegally enjoying it

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Some persons are only cultivators of land but not the owner s of land 

 

arrive at settlement with the the cultivators 

 

you need documents of tile to make claim for other properties 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Cultivators have right to cultivate the land 

 

they are in possession of land but are not owners of land 

 

you can sell the land to cultivators or sell it to third party 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can sell it but do you think anyone will buy the same without proper title documents 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The cultivators have been  in possession of the property for over two to three decades and are into the cultivating activities.

There was no lease agreement also between the original land owners and the so called cultivators.

The possession of the property in the hands of the cultivators was adverse to the original owners and they have not taken any action retrieve and take possession of their land all the while. 

Besides you are not having any original title documents to prove your title to the property neither you were are in India all these years nor you are in India now to pursue the matter through court or otherwise.

In the absence of valid title documents on your name you cannot sell the property to any third person including the existing cultivators.

 You may ascertain the facts as well as collect the documents and consult a local lawyer to get more clarity on the subject matter.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear Client,

Certain individuals function solely as cultivators of land without actually owning the land itself. In order to reach an agreement with these cultivators, it is essential to secure the necessary documents or titles to make claims on other properties. While the cultivators have the right to work and utilize the land, they do not hold ownership rights over it. As a result, you have the option to either sell the land to the cultivators directly or to sell it to a third party.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Whenever there is a division of land in a joint holding, the mutation is known as Takseem or Mutation of Partition. The partition can be verbal among the landowners or when court directs the partition.

2) it is necessary for mutation of land be done in name of legal heirs before sale of property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can try to obtain a sanad taksim on the basis of oral partition among the so called landowners through the land revenue court.

Without mutation it may not be possible to claim title hence it will become difficult to sell the property to which yo cannot establish title or rights

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You can sell it unless that other person asks for it

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Sanad talisman is instrument of partition 

 

2) 

Chapter IX of the Punjab Land Revenue Act, 1887 (hereinafter referred to as ''the 1887 Act'') prescribes the procedure for partition of agricultural land and commences with a joint owner, filing an application for partition indicating the quality and the location of the land in question along with reasons for partition and by appending a copy of the latest jamabandi.

 

3) Upon receipt of such an application, a revenue officer is required by Section 113 (as applicable to the State of Haryana) to fix a day for hearing of the application and thereafter cause notice of the application and of the day so fixed to be served on the recorded co-sharers as have not joined in the application.

4) Section 114 of the 1887 Act, thereafter empowers the revenue officer to ascertain whether there are any other sharers, and, if any of them so desire, he shall add them as applicants to the partition application.

 

5) Section 115 empowers the revenue officer for good and sufficient cause to refuse to entertain the application by recording grounds for his refusal.

 

6) Section 116 prescribes the procedure for admission of the application and by way of sub-section (a), requires a revenue officer to distinguish between a question of title and question as to the property to be divided and prepared the mode of partition.

 

7) Section 117, thereafter, empowers a revenue officer to either call upon parties to approach a competent court for determination of any question of title or determine the question so raised by exercising the powers of a Revenue Court conferred by the Punjab Tenancy Act, 1887. Section 118 empowers a revenue officer to make an enquiry as to the property to be divided and the mode of making a partition and after recording reasons, record his decision

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sanad is the conversion process of agricultural land into a non-agricultural one. When such conversion is desired, the landowner must file an application to be able to obtain a Sanad certificate.

With reference to the case decided by P & H High court in Dalbir Singh vs. state of Haryana, the sanad taksim i.e., decision by the finance controller as per section 16 of the Act, confers suo motu powers to the financial commissioner of the state to take a decision based on the pleas raised by the petitioners.

You can approach the Patwari about the procedure to initiate the process. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

The procedure in this was explained properly. whereas you are coming out with new details every time.

The problem is that you cannot establish the title, hence you may look for the process to establish your title to the property and after having established the title, you can get power of attorney deed executed by the remaining legal heirs in your favor and sell the property in favor of the prospective buyers. 

It is a time consuming process, however you may have to wait patiently

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Legal heirs can inherit agricultural land even if they are foreign citizens 

 

2) apply for mutation of property in name of legal heirs 

 

3) enclose death certificate of parents 

 

4) legal heir certificate if insisted upon 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It will go according to the will of the owner who has executed the will. You can challenge will if you feel it’s not legal

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- You can apply for getting the certified copy of the registered documents from the office of the registrar or a competent authority in that area. 

- If you not having any property document to show the ownership of your decease father , then you have not option to claim the same. 

- However , a cultivator of land cannot claim ownership of the land on the ground of adverse possession , but If  there is no agreement between landlord and person in possession of such land may claim adverse possession.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

 

Certain individuals function solely as cultivators of land without actually owning the land itself. In order to reach an agreement with these cultivators, it is essential to secure the necessary documents or titles to make claims on other properties. While the cultivators have the right to work and utilize the land, they do not hold ownership rights over it. As a result, you have the option to either sell the land to the cultivators directly or to sell it to a third party.

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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