Agriculture land given under surplus scheme but still not able to cultivate or sell it
Guest
(Querist) 04 July 2013
This query is : Resolved
Hi all,
My father was allotted agriculture land in hansi(hissar), all the records of ownership (jamabandi)
Guest
(Expert) 04 July 2013
Its important for you to get your name including that of your mother, brother and sister mutated with Revenue authorities. Pursuant to the same you can proceed for filing a suit for possession. Its important to note there that when the scheme was launched and the property was transferred in the name of your father as well is important that since when the other person is in possession of the land. If the same is beyond limitation which is 12 years for filing a suit for possession, nothing remains. The person ofcourse cannot claim adverse possession and adverse possession of property does not amount to title and ownership.
Raj Kumar Makkad
(Expert) 05 July 2013
It was necessary for your father to get the possession over the allotted land immediately on allotment rather he never took its possession and now he has died and you all are in his succession.
First of all get the mutation through Patwari which is not a problem. As the land was declared Surplus hence the previous possession over the allotted land has no relevance. If the possession of the original owner over the land is for more than 300 years then he can definitely claim for the ownership rights by way of filing the civil suit.
You need to file suit for possession over the land instead of thinking to sale it.
Guest
(Querist) 05 July 2013
Thank you for your feedback,
Raj Kumar Makkad
(Expert) 05 July 2013
What is the position of Khasra girdawri and the column of Kabza in the latest Jamabandi since the Jamabandi of 11980-81?
Guest
(Expert) 05 July 2013
Since the date of handing over/transfer of land in fathers name, your father never made attempt to take possession of the land?
ajay sethi
(Expert) 05 July 2013
if land was allotted in 1980 what were you doing for 33 years ? your father ought to have taken legal proceedings for obtaining posession . now act a advised by experts
Guest
(Querist) 05 July 2013
all records shows the name of my father, even i asked the patwari he is saying the girdawari is also in the name of my father.
Guest
(Querist) 05 July 2013
I can also upload the copy of jamabandi but here I cannot find any attachment button.
Guest
(Querist) 05 July 2013
My father did try to talk to the person who is now in possession of the land about 8 to 10years back but the amount he was offering was too less compare to the actually value of land.
As the land allotted to us was his surplus land so before this allotment so its quite difficult to sell it in the village itself.
Mohammed Ameenuddin
(Expert) 05 July 2013
The land allotted to your father was a surplus land and there must be a certificate (patta) issued in the name of your father by Revenue Authorities (Tahsildar), now your father died without having taken a physical possession of the land, being a legal heir of your father you can file for succession of the property in the LRs (not mutation), get the succession done from the Tahsildar concerned and implement the same in revenue record, after succession proceedings you can also file a petition before Tahsildar for physical possession of land in your favour.
OR
After getting the succession proceedings, get the physical possession report from Tahsildar (panchnama to be conducted by Revenue Inspector) if the third party is in possession of the land, then file a civil suit before the competent court for restoration of possession over the land as you are the legal owner of the land as per revenue record.
Guest
(Querist) 05 July 2013
Sir,
I have submitted an application mentioning the Lr's name and death of my father with an affidavit mentioning the legal heirs and death of my father which was signed by Tahsildar and these documents were submitted to the patwari with death certificate attached.
Regards
Mohammed Ameenuddin
(Expert) 05 July 2013
Make sure Patwari implemented LRs name in the revenue record, then you will have legal stand. After that you have to fight for the possession of land.
Specify your state so that I can advise whether you can sell the property or not.
Guest
(Querist) 05 July 2013
The land is in haryana
Raj Kumar Makkad
(Expert) 05 July 2013
if the encrocher is an advocate then better to engage a lawyer outside of District Hissar.
Guest
(Querist) 05 July 2013
who* belongs to
Guest
(Querist) 05 July 2013
Thanks for the feedback
Guest
(Querist) 05 July 2013
But again my question is should go for possession my filling a case or try to sell this land or take a loan on it from bank as now this land will be mutated to 5 persons.
because even if I am able to get the possession then he will create problems for me to cultivate on this land. As the people in the village thinks that the land belongs to him only as it was taken under surplus scheme.
Raj Kumar Makkad
(Expert) 05 July 2013
You can engage lawyer from Kurushetra even. If you win in the cae then the cost of land shall be better compared to the position as on today so better to file the case as advised.
Guest
(Querist) 05 July 2013
thank you for the feedback
