Adverse Possesion of Agricultural Land
Govind
(Querist) 11 April 2010
This query is : Resolved
Dear expert,
Here are the facts: My late father had an unwritten agreement with our neighbour wherein both parties simply started cultivating each others property (about 1 acre each) because of the simple reason that it was convenient for both parties because our neighbour's 1 acre of land was in the middle of our land and vice versa. Also, to this day our land is still a joint patta (under my father's name and my two uncles). Whilst it is my understanding as is my mother's that there was no money exchanged and each party was supposed to return the other party's land upon notice, our neighbour now contends that he had given some money to my father to compensate for the fact that our property of 1 acre is right by the highway, unlike our neighbour's land.
Please note that the agreement to swap lands for agricultural purposes happened about 30 years ago.
My query: What right (or rights) does our neighbour have whereby he can claim that the 1 acre of our property is his? He admits that he does not have any evidence that he gave money to dad. We have paid taxes on the property regularly and timely.
Many thanks for your advice.
Raj Kumar Makkad
(Expert) 11 April 2010
Your neighbour has no case at all and he cannot take the plea either of adverse possession or giving any money to your father. Maximum you or he can file a suit for transfer of land on mutual basis without any consideration.
Govind
(Querist) 12 April 2010
Mr. Makkad, many thanks for your response.
Mr. Patil, I am sorry but I do not understand your comment. Please could you post again? Thanks.
BHANU RASPUTRA
(Expert) 15 April 2010
WHOSE NAME IS HTERE ON LAND RECORD.7/12
Govind
(Querist) 15 April 2010
All land records are jointly in my late father's name and his brothers. However, my uncles have given me general power of attorney as this land was my Dad's share when he and his brothers partitioned their father's lands between themselves.
