Adverse possession
Querist :
Anonymous
(Querist) 19 November 2011
This query is : Resolved
We hold 419.25 sq. mtr. Open plot of land in Mumbai since 1981. My grandma used to cultivate the same. After she stopped cultivating, authority have levied NA and we started paying the same. Even we had paid retrospectively from 1981.
We are just occupier of the land, property card and 7/12 shows the owners name. Our name is only on NA receipt, it does not appear anywhere else. The subject land was part of larger plot which have been developed by builders and on two sides of the land there is building and on one side there is railway. On 4th side there is slum. Now this smaller part of land have no access to road. Even owner never contacted us. We got to know that the mentioned builders have utilized FSI and the said land on which we are occupant is now does not belongs to person whose name appears on property card since he has already sold to builder and builder have used the fsi and left our land as it is.
Now my question is, if builder have utilized fsi, is this land belongs to Govt?
If yes, is there any possibility to take the said land on land from government of maharashtra?
If yes can you suggest, act and regulation I can refer for procedure for the same?
We can show to government, that the said land is very small portion which we occupied since 1981. We possessed and protected it from others encroachment. The said land does not have access. And therefore the said land does not give any advantage to government. So it will be worth giving the said land to us on finance lease. According the scheme of finance lease, at the end of the said lease period ownership of the said land can be transferred to lessee, up on payment of final and last lease rental.
Kindly suggest. We are not willing to proceed with declaration procedure proving adverse possession, since it is very hectic procedure and seen many case laws, which had judgment in the favour of owner.
Querist :
Anonymous
(Querist) 19 November 2011
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