• Agriculture property obtained through ORC

Hello Sir,

the property I am referring to is Inam land and is obtained through ORC in 1997, The land also has Protected tenant but it has been removed by MRO in 2013 as the tenant is not in possession of the land from 1997 (16 years) hence the PT as been removed and no PT certificate is issued by MRO,

Brief note - In 2006 land has been passed on to the new owner through the SRO by the people mentioned in the ORC, and again in 2013 the land is transferred to the new owner through SRO, while the new owner asked for the No PT certificate from MRO and the MRO issued the No PT as the PT is not in possession of Land from 1997.

Q1) Can MRO issue no PT as the tenant is not in possession of land for more than 12 years and is it valid?

Q2) Is it OK to buy a Inam land?

Q3) the land is in possession by patta between the owners for 19 years, for these 19 years there is no claim on the land and it has been passed on correctly as per the ORC records from 1997. but non of the owner is in possession of land for continuos 12 years, will the land between the owners together count has continuos 12 years.

Q 4) if the land is in continuos possession for 12 years, can any tenant claim the land in the future? 

Many thanks in Advance

Land is situated in Irwin Village, Madgul Mandal, Mahaboob Nagar


Thank You 

Madhu
Asked 6 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) those who were allotted inam land should seek permission of the special deputy commissioner for sale  of the land . 

2) in your case occupancy right certificate has been obtained from the authorities  in 1997 and no PT issued in 2013 


3) contact a local lawyer and only based on his written opinion that title is clear and marketable should you buy the imam land after obtaining permission 

4)if person has been in possession for 12 years he can claim adverse possession as a defense 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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Article 65,
Schedule I of The Limitation Act prescribes a limitation of 12 years for a suit for possession of
immovable property or any interest therein based on title. It is important to note that the starting
point of limitation of 12 years is counted from the point of time “when the possession of the
defendants becomes adverse to the plaintiff”

2) where a cause of action exists to file a suit for possession and if the suit is not filed
within the period of limitation prescribed, then, not only the period of limitation comes to an end,
but the right based on title or possession, as the case may be, will be extinguished. 

3)  the original title holder
who neglected to enforce his rights over the land cannot be permitted to re-enter the land after a
long passage of time

4) land between owners can be 12 years
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
As per the AP (Telangana Area) Tenenancy and Agricultural lands Act, 1950,  the protected tenants(PT)  are entitled to statutory protection/ownership rights.
The protected tenants or their legal heirs can  file necessary applications under Section 10 of A.P. (Telangana Area) Abolition of Inams Act, 1955 and the Inams Tribunal/Revenue Divisional Officer (RDO) for  grant of Occupancy Rights Certificate (ORC) in respect of inam land in favour of the protected tenants.
1.  If the protected tenants has not taken any action in this regard, in fact if the PT was not at all  in possession of the property, then upon application before MRO, the property can be transferred by MRO as is in the present case.


2.  Without knowing the status of the land or seeing the relevant papers it will be difficult to render a proper opinion in this regard.


3.  Though what you say may be legally right, if any of the legal heirs shall come with with a litigation claiming rights, the issue will be dragged on in litigation for a decade or more for a court decision in this regard hence better think properly before planning to buy such type of properties.


4.  If it is a government land then they may have to apply for acquisition or perfection of title by adverse possession   accordingly complying with necessary formalities.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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can the land between the owners be 12 years?

The question is not understood, please add some details while posting a question.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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