Adverse possesion by state government

tarun (Querist) 03 October 2014 This query is : Resolved
Adverse possession of land by state government by last 23 years.Now what is remedy? in revenue records such as jamabandi, land is being reflected in my father's uncle name who died intestate without any class1 legal heir.

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tarun (Querist) 03 October 2014
Pls suggest?

Anirudh (Expert) 03 October 2014
What do you mean by 'adverse possession' by Govt.?

What has the govt. done with the land?

Who according to you are the eligible legal heirs? What have they done to get the land mutated in their names?

Rajendra K Goyal (Expert) 03 October 2014
Incomplete facts, consult local lawyer.

tarun (Querist) 04 October 2014
Actually total land was 1 k 7 marla
. Out of which 1 k 2 marla was acquired & accordingly award was received by us in year 1992. Till 2013 we had a belief that whole land has been acquired.Thanks to Rti we came to know that still 5 marla stands in father's uncle name & status of land is one road & small drain has been passed through it & remaining 3 marla adjoining to acquired land is still vacant.pls advice appropriate remedy.

Anirudh (Expert) 04 October 2014
First ask your father to apply for and get a legal heir certificate with reference to his deceased brother. This he can obtain by applying to the Tehasildar of your area.

After obtaining such a legal heir certificate, with the support of the information obtained through RTI i.e. by enclosing the RTI information, your father has to apply to the District Collector for indicating the exact portion i.e. showing boundary of acquired portion of his brother's land and the portion which has not been acquired.

After knowing this, he has to apply for mutation of the land in his name (on the basis of legal heir certificate + certificate obtained from Collector in regard to exact portion of unacquired land of your uncle) in land records in your father's name.

This will complete the formality.