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sitharthan (teacher)     03 December 2014

Agricultural lan issue

Dear sir, 

Well and expecting the same. I am working as a teacher . In 1981 my mother had purchased an agriculture land of 7.5acres near kumbakkonam. With good selves she allowed her brother for cultivation in that land and the money required for cultivation is given by my mother. Now her brother (my uncle) is not allowing even  to see her land.

We have given an application to collector and the same was forwarded to SP  and to Local Police station Inspector.

Local police station inspector enquired both and he did’t even talked to my uncle , but he told  my mother that 35 years before you gave this land  to your brother  for cultivation  now you don’t have any rights to talk about that land as per law. So your brother has to decide ,whether he can hand over the land OR not.

We did not give any writings to my uncle .And Land is registered in my mother’s name only.

Could you please clarify the law relevant to this issue. Expecting  your reply sir.

S.SITHU

 

sithu2000@rediffmail.com



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     03 December 2014

The land is in your mother's name, but she has entrusted the property to your uncle for cultivation purpose without anything in written?  However, on whose name are the revenue records namely chitta and adangal  lying now?, On whose name is the Patta standing?,  What about the village revenue records about the cultivation records? Instead of giving a complaint with the police, you should have lodged a complaint with the anti land grabbing special police.  The inspector cannot decide about the title as the way he is reported to have stated, it is none of his business.  You may file a suit for ejection and permanent injunction.  Consult your lawyer and proceed.

Anjuru Chandra Sekhar (Advocate )     03 December 2014

As per law - as i understand means law of Adverse Possession.  But your mother's case is different.  Here she had not given possession to a stranger but to her own brother.  My view is Law of Adverse Possession does not apply to possession taken by family members it only applies to the possession given to strangers and later forgotten.  You should apply in Civil court under Specific Relief Act, 1963 Sec.5 and sec.6 for declaring title afresh and recovery of  possession of property to your mother.  Consult a good advocate.  All the best.

Anjuru Chandra Sekhar (Advocate )     25 January 2015

I had seen your personal mail.  Go for a legal action in civil court along with pursuing the Anti land grabbing mode.  Generally possession is nine points out of ten in law.  If someone takes possession of your land and you do not object for 12 years Limitation Act does not allow you to file any case against the possessor.  But you have a strong point...i.e., he is not an outsider.  That means possessor is your uncle.  Hence it cannot be said that land had been given to anyone else, it remained within the family as part of understanding between family members.  Your mother had not given possession to him, he has been assisting her in cultivating the land belonging to family.  Never say that it (land) is formally given in to his possession....even by mistake.  Just say, being a well wisher he had been helping us without consideration .... non-gratuitously all these years and one fine day, he started claiming right over the land.  That is how you have to build the case wherever you go.  You may not understand the fine distinctions that I am trying to convey, but I tried to let you know in words as simpler as possible.  Just follow that wherever you pursue the case, with Police or in Courts. 


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