Devasthan inams land
Shailesh Thete
(Querist) 20 November 2014
This query is : Resolved
My father purchased some land around 35 years before which is a Devasthan Inams land. My father himself was a advocate. The land is under agriculture for the last 35 years and no one has ever brought any objection of whatsoever kind on our land.
My father told me that as we had been the owner of the land for more than 30 years & no one had ever objected on it, once we file a civil suite in the court of law, the Devasthan land will be transferred to us.
Hence, after the 30 years were over, my father filed a civil suite in the court through some other lawyer as he himself was legally not allowed to defend his case.
Now my father has passed away and the lawyer says such cases are not won and there is no chance we can win this case which is contrary to what my father had told me.
I would like to know what are the chances of ours to win the cases & if you could provide me with some examples where in such cases have been won by people against the Devasthan so that showing those cases we will be able to win our case.
Please advise
Dr J C Vashista
(Expert) 20 November 2014
Since the land belong to Devasthan the sale transaction is invalid and illegal.
No examples or citations are provided, seek assistance and guidance from your lawyer/tutor.
Devajyoti Barman
(Expert) 20 November 2014
What is the nature of relief sought for in the suit?
Please disclose it.
ajay sethi
(Expert) 20 November 2014
we dont provide citations . sale transaction is illegal
Rajendra K Goyal
(Expert) 20 November 2014
Consult some other lawyer and show him all the papers.
Citation not provided in this section.
bhagwat patil
(Expert) 20 November 2014
Devastan inams are tenure3 ownership lands cannot be transferred without permission of govt.
T. Kalaiselvan, Advocate
(Expert) 22 November 2014
It seems that no proper sale transaction was done while the property was transferred and held in the possession and enjoyment of your father during his life time. May be he is trying to perfect the title by adverse possession for having held the land in his possession for 30 years. However, please let us know what is the nature of suit filed and pending before the court and what was the relief sought for in the suit? A proper opinion will depend on your reply.
Shailesh Thete
(Querist) 25 November 2014
Per the above few comments, no proper sale transaction was done while the property was transferred & it was illegal. However; we are in possession of the Sale Agreement and the Deed of Conveyance / Transfer. Also, the case is under trial for the last 2 years. Had the purchase being illegal, the case would have been dismissed in the first hearing.
T. Kalaiselvan, Advocate
(Expert) 25 November 2014
You have still not answered he queries raised, hence no proper opinion can be given further
Shailesh Thete
(Querist) 13 January 2015
Sorry for replying late on the above question. We are trying to be the legal owner of the Devastan inam land by adverse possession. We had toiled the land for more 30 years without any objection from the trustees. we have developed the land from its initial shape and cultivated vegetable and grapes on it. We have witnesses to prove it and also got loan from bank by mortgaging the land. Please advise if it is possible to be the legal owner of the land.
Guest
(Expert) 31 March 2016
You have mostly filed suit for adverse Possession. I feel your father policy of claiming adverse possession is right. 30 Years against Govt. is OK. But you need lot of evidence . All depends upon series of evidence you produce. Chances are that you may win as per your father. Regarding other adv. generally Adv. try to play safe that hey informed you adversity too. So it is like that prepare case very well .
Shailesh Thete
(Querist) 01 April 2016
Thank you Madhu mam for your response. Your are right we have filed suit for Adverse Possession. Could you please advise what type of proofs I would be required to present in the court to claim my right over the piece of land. Please advise. Thanks in advance.
Dr J C Vashista
(Expert) 01 April 2016
1. The sale transaction is incomplete and invalid.
2. How could you be declared owner (titleholder) by virtue of adverse possession, the ownership still lied with Devasathan trust.
3. you can prove your possession by producing documents such as electricity bill, telephone (landline) bill, passport, driving licence etc. etc.
4. The experts on this platform know very little about the facts and circumstances of the case, nature of case, relief sought and laws governing the subject matter.
5. What is the opinion and advise of your lawyer, proceed accordingly.
Guest
(Expert) 01 April 2016
See Since your father was advocate , I suppose that he must be preparing for this suit from long time. Because those who know Law create proper evidence from beginning and create strategy to win. May be he has done some kind of entry in land records that he has Some kind of Encumbrance from specific date , etc. Check it.
Additionally he may have done some local tax entry check that.
Since your father only filed suit I have blind belief that he may have prepare evidence for his support of his case , and may be in next stage of suit he had decided to introduce.
Personal witness may be also required that your family is in possession of that land. For that you may get Witness summons at proper stage against some person who have land etc. nearby or stays nearby (But he should not have criminal record) .
I have not handled Adverse possession matter as such. But I believe my study after 30 years , Govt looses right to sue etc. against opp. party Just now tried to refer act but did not get information at hand . But 30 years I have heard long time
I will support your father view , Whether you will get title /whether you will have other adverse possession right , that I have not studied but certainly you will get some right.
If you are in Maharashtra , then please keep attention to amendment which Present State Govt. have brought in various laws, They have changed many section to regularize things. additionally cabinet decision of feb state that they will be bringing amendment in act so various lease land , class 2 land can become class 1 land that is transferable and also regularizing of all irregularities all over state.
There are lakhs of people having interest in land which are now under Grant of land chapter and not transferable and have done transaction , so to regularize and prevent further caos cabinet took decision to bring necessary amendment in land revenue code and various land laws of state (Inam land etc also )
Some other state too have taken steps to make land transferable which where non transferable previously by making amendment in act . I think Orrisa.
All Land Revenue dept of all over india have come to conclusion people are going to transfer land whether legal or illegal better law only is changed and made easy so less law breaking and more revenue for state. So try to take also benefits of amendments and various regularizing policy. There may be chances in coming amendment may be you get things done straight and land become transferable by paying penalty etc. So court case can be systematically withdrawn etc.
This is going all over India in phase manner
Guest
(Expert) 01 April 2016
This traditional land of Pre Independence day are indeed have become headache . Inam land/Lease land etc. I came across some land where local British govt in Mumbai gave lease land for 999 years. funny thing indeed . Who will follow law and how will govt. keep eye on small piece of land. So such land too have been transferred and Govt /BMC out of control . So it is legal defects in law they are correcting.
Shailesh Thete
(Querist) 06 April 2016
Thanks Madhu mam for such a detail explanation. You are right, my father has been keeping all the creating proper evidences right from the beginning. He has local tax receipts, receipts from the local bazaar samiti for the vegetable and fruits we sold. Electricity bills used for the agriculture pump, receipts of the manure purchased from local municipal corporation and also maintained records of the various work which we have done on the said piece of land.
Also, as you said, I do stay in the state Maharashtra, in taluka-district Nashik. Could you please further explain in detail what the amendment would be regarding the Devasthan land to be brought by the present State govt? Also, in one of the documents which my father had prepared he had mentioned that "the said land was Inam Class 3A". So if the amendment is passed then will my land come under it?
Also, could you please explain what is meant by class 2 land or class 1 land?
Guest
(Expert) 06 April 2016
Give me time myself reading Inam land law in 2-3 days have patience there are few queries , I told everyone wait have patience.
Guest
(Expert) 06 April 2016
BILL No. XIV OF 2016.
A BILL FURTHER TO AMEND THE MAHARASHTRA LAND REVENUE CODE, 1966.
This Bill was introduced on 4 April 2016 (Bill not yet passed) , In this bill they have made provision by which Lease land, Occupancy 2 land can be converted to Occupancy 1 land under the grant of Land Chapter.
Now whether it will be applicable to Inam Land or not , What are provision of Inam land that I will read and tell after some time.
In Maharashtra Land Revenue Code they have decided to introduce new Sec. 29A
Now many time (rather most time bill which is introduced and bill which is passed from both assembly is different so , till bill is passed we need to see development)
Lets hope problem is solved . This non transferable land for generations are real headache for society.
Guest
(Expert) 07 April 2016
Myself new with various abolition Act , If you can confirm which act is applicable to Devasthan Inam Land , then in Maharashtra Code I can check and revert back.
THE MAHARASHTRA PERSONAL INAMS ABOLITION ACT. of 1953
Sec. 3 Nothing in this Act shall apply to—
2) devastan inams or inams held by religious or charitable institutions ;
So here it confuse me which other Act is applicable ,
Not sure if Govt. have now transferred this Devasthan land to Public Trust under Maharashtra Public Trust Act or which other act ? Can you please confirm under which provision Devsathan land is at present . Or if any other person can give input
I feel not sure it may be Maharashtra Public Trust Act
Guest
(Expert) 07 April 2016
Unless until it is confirmed which Act is at presently governing Devasthan Inam Land till then our view will certainly going to be wrong . Can you please check with your advocate and revert back so we can go in detail about that act and effect of new amendment in Land revenue code
Shailesh Thete
(Querist) 07 April 2016
Okay, I will try to confirm this and let you know. Thanks for the research.
Guest
(Expert) 07 April 2016
Sec 29A new section which they have decided to introduce in Maharashtra Land Revenue Code its discussion and announcement was going on from Jan Feb this year. Estimate Income for state will be around 10 thousand crore additionally many land issue will become straight .
Certain land tenure abolished but specific area land was allowed to be kept , that where classified in Class 2 land (Land which can not be transferred) Now they to can be affected but wording indicates they won't be affected. People will even press for that land to be transferred , so we require to analysis whole thing with new perspective
Guest
(Expert) 07 April 2016
Situation is that if we keep old act in mind and try to solve problem or forget latest amendment it can even lead to catastrophic situation
Shailesh Thete
(Querist) 18 April 2016
I tried to talk to my lawyer and he said the suite is filed under the Maharashtra Public Trust Act. Please advise.
Guest
(Expert) 18 April 2016
OK , I will read Maharashtra Public Trust Act also in few days because load of reading is more presently , of various queries :P and various other work
Kindly give me your email address I will send copy of Maharashtra Public Trust Act PDF (Bare act) , it is 78 pages booklet.
If anyone wants post email address also , So we can help
(My nick name is Madhu , real name Madhumilind Kamthe , myself boy :P )
Shailesh Thete
(Querist) 18 April 2016
my email address is shaileshthete@gmail.com and I am sorry sir :-)
Guest
(Expert) 18 April 2016
Send you email with act
Guest
(Expert) 21 April 2016
DNA News Paper cutting
Sun, 27 Mar 2016
---------------------------------------
Temple land scam: Government forms seven-member committee
----------------------------------------
Panel will prepare a status report of all land parcels under possession of temples, review the Revenue Act of 1966 and recommend action
After several reports of huge corruption and land scam at some of the big state-controlled temples in the state, the Devendra Fadnavis government has finally constituted a high level committee to prepare a status report of the entire Hindu religious landscape of Maharashtra with also defining government's role in managing the land parcels under possession of temples.
The seven-member committee headed by the revenue secretary was set up on March 23. The committee has been asked to submit its report within three months.
The panel has been entrusted with the two major tasks. First is to study and prepare a status report of all the land parcels under possession of state-run temples across Maharashtra and suggest a comprehensive plan to tackle the issue of encroachment and illegal transfer of the land. And the other is to prepare a status report of the land parcels of the temples in urban area and suggest ways for proper usage and management of these properties.
The government is also mulling over to amend the Revenue Act of 1966 making it more powerful to curb the malpractices of charity trusts. The development is being considered as a first step towards a major reform in the way temples in the Maharashtra are being administered.
The state controls more than 4,000 temples in the state, including all major temples like Shirdi, Siddhivinayak, Pandharpur and Mahalaxmi temple (Kolhapur). Most of these temples are accused of corruption and land scams. Huge land parcels which belonged to the temple trusts since centuries have been reported "missing" of late thanks to the illegal land transfers to private parties and encroachments.
Activists blame it on government's failure and political intervention. The temple land can't be sold unless there is a specific instruction from the government. However, it can be rented out to schools or other social welfare work and can also be leased for agriculture purposes.
Hindu outfits had led a huge demonstration in Kolhapur a year ago "against the corruption in temples" and seeking CBI inquiry and freedom of temples from "government clutches" to clear the mess.
The outfits allege that the government-run "Pashchim Maharashtra Devasthan Samiti" which is based in Kolhapur and controls 3,067 temples in three districts of Sindhudurg, Kolahpur and Sangli, has lost over 8,000 acre land of land to the mafia and encroachers.
They also allege that the Pandharpur temple had got over 1,200 acre of land over several decades from donors, but the trust had no land under its possession when probed.
"A PIL was filed in the high court following which 352 acre of the land has been recovered and returned to the temple by the end of 2014," says advocate Vijay Ichalkaranjikar, president of Hindu Vidhigya Parishad and the petitioner in this case.
He also alleges that more than 800 acre land has been "disappeared" from Tuljapur temple as well. He says: "A PIL was filed at Aurangabad High Court which forced the government to probe the matter. Interestingly, the report prepared by the revenue department in 2009-10 was "misplaced" by the law and judiciary department."
He added: "Such land scams not only expose how government machinery functions but also devoid the temples from huge sum which could have been generated through the lands."
Revenue minister Eknath Khadse and chief minister Devendra Fadnavis who holds law and judiciary department couldn't be reached for comments.
