Adverse possession
MUKUL SHARMA
(Querist) 03 January 2013
This query is : Resolved
we have adverse possession (from more than 30 years) on agriculture land.can we get title on that land.Please give opinion.
thanks.
ajay sethi
(Expert) 03 January 2013
you cna raise it as defence if owner files case claiming posession
AAK
(Expert) 03 January 2013
There are many criteria's to establish adverse possession such as 1]it should not be permissive possession 2] you should act hostile 3] there should be continues and uninterrupted possession etc..Merely holding possession is not enough. I presume you have all those criteria established under various rulings.
As rightly advised by Mr.Sethi you can raise defence in case the owner files a case.
Raj Kumar Makkad
(Expert) 03 January 2013
You shall have to go through the revenue record of the agricultural land. If your status is mentioned as malgujar or btaee tihaee or like words, you can never claim for adverse possession but if the words are like chkota saal tmaam then you can apply for ownership through court of law.
Mahadeva Rao G
(Expert) 03 January 2013
You have to file a DECLARATION SUIT. But before that to ensure you are having valid reasons and documents supporting you pls go through the revenue records and Survey records and check the name reflecting in those records and take suitable advice from EXPERT ADVOCATES.
Adv Vikramsinh Mohite
(Expert) 04 January 2013
Hon'ble Experts,
I have query with respect to the same subject. My paternal uncle is cultivating our 2 acres land on giving us half of the produce (in marathi known as 'batai') for the last ten years. There is no any written document with respect to this contract. What is the risk to us in this arrangement? Can he claim adverse possession?
Kindly adivse.
Raj Kumar Makkad
(Expert) 04 January 2013
In your case, if batai is mentioned in Khasra Girdawri then you need not worry but better to ensure the exact entry in the relevant record of possession which is prepared after every 6 months.
