adverse possession on government land for agriculuture

yogesh (Querist) 11 November 2008 This query is : Resolved
sir,
i am in possession of agricultural land which belongs to me in 1960 and government records were change by law i didnt plough that land for 3 yrs. the 7/12 extract is on government name but i m still in possession and farming on the land every year.
haw can i get records on my name as adverse possession?
what are the evidence is required to claim adverse possession?
is there any judgements of the same cases is available?
please reply soon.

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Guest (Expert) 11 November 2008
Please mention the total area of land, and the area of land acquired by the govt, and whether it is under the municipal jurisdiction or under the panchayat

yogesh (Querist) 11 November 2008
total area is about 8 acres and it is in village panchayat jurisdiction.

yogesh (Querist) 11 November 2008
no notices were served at the time of making effect in 7/12 of the record

Guest (Expert) 11 November 2008
Go ahead yogesh, file a suit against that acquisition in the Land Reform Tribunal, and if Tribunal pass a judgment in your favour than its Ok and if not then you have to move to the High Court with the judgment copy of the tribunal and if govt can’t prove that, acquisition is for the welfare of the common public at large, then definitely you will win and I hope you will win.

(Opinion subject to the Land Reform Act of your state )

K.C.Suresh (Expert) 12 November 2008
Adjudicate the issue. No adminstrative remedy

Shyam Ji Srivastava (Expert) 12 November 2008
you have not mentioned the state in which this problem is related. every states has seperate local acts. so plz clear it.

yogesh (Querist) 18 November 2008
its in gujarat state.

yogesh (Querist) 18 November 2008
CAN I GET CASE LAW OF SIMILAR CASES.

arunprakaash.m. (Expert) 18 November 2008
In case of government land if there is uninterepted and continues possesion for 30 years you can file suit for adverse possession

yogesh (Querist) 19 November 2008
what kind of evidence is require to prove possession,
is there any case laws are there.

yogesh (Querist) 19 November 2008
there is only oral evidence is there.

mahesh kumar yadav (Expert) 28 November 2008
hi this is mahesh

if it is govt land we should be in possession for 30yrs and we can go for adverse possession by showing the evidence of tax receipts of cultivating or possessing person and any other evidence which is applicable.

PALNITKAR V.V. (Expert) 15 January 2009
Mere tax receipts may not be sufficient. it would be better if you can give evidence of adjacent land owners in support of your possession for more than 30 years. Also check the period if it is 30 years or more.

yogesh (Querist) 16 February 2009
revenue recipts is not there as talati was not accepting revenue as it was in the name of govt.

yogesh (Querist) 16 February 2009
also affidavits of the villagegers those who are farmer are given their affidavits in support of my possession.
also some of the daily worker given their affidavits in support of possessor.
do i have to go for adverse possession claim giving notice u/s.80 to govt. what more is required to prove possession.

if any case laws are there please inform.

PALNITKAR V.V. (Expert) 18 February 2009
Yes you must give notice u/s 80 before filing any suit against the Govt.

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