Agriculture land given under surplus scheme but still not able to cultivate or sell it

Guest (Querist) 05 July 2013 This query is : Resolved
Hi all,

My father was allotted agriculture land under surplus scheme in hansi(hissar), all the records of ownership (jamabandi 2008-09) is in name of my father but the kabza is with the person which use to own this piece of land prior to this scheme. The online records at jamabandi.nic.in shows the name of my father.even the patwari says the girdawari is in name of father.

Now in the month of march my father expired leaving behind this agriculture land with 5 legal heirs including me, my 2sisters, my mother and my grandmother. I have also submitted the request for mutation of land to the patwari for the same.

My query is what should I do in regard to this agriculture land. Can I take loan from bank against this property or
should I sell this to some other party or to person who has the kabza or
May I file a case to get hold of the land through filling a case in court and asking for the claim for these 10-20 years for which the person my cultivated on this land .Kindly suggest the best method and steps under various conditions.

Regards

Follow Query

Report Abuse

niranjan (Expert) 05 July 2013
You should aproach the same authority to get you possession of the land who granted this land to your father. That authority can get vacated by summary proceedings against that encroacher.

Guest (Querist) 05 July 2013
I have submitted the application to patwari regarding mutation of land to the legal heirs after the land mutated, should I sell it to someone else (if someone is ready to take it) or
should I reach out to the person right now holding the land
or
Should I take a loan against this property
or
the last option to enter a legal battel

Raj Kumar Makkad (Expert) 05 July 2013
This is your repeated query so no further reply.

Guest (Querist) 05 July 2013
I just want to know is the property still in our hand as the jamabandi shows or the 12 year possession(illegal may be as records shows name of my father) has made the person its owner.

Thanks and Regards

Raj Kumar Makkad (Expert) 05 July 2013
You are required to confine to the original thread of your query and need not to start fresh one. Jamabandi columns in Haryana are special and so it is necessary for you to clearly tell the language used in clumn no. 4 of Jamabandi under the head Kashtkar ka naam aur vivran.

Guest (Querist) 05 July 2013
The jamabandi column says 5th one-: vivran sahit kashtkar- khudkhasht

the column no. 4 says vivran sahit malik ka naam- my father's name

Guest (Querist) 05 July 2013
actually I started this new thread so that I could upload the jamabandi snapshot because while creating a thread there is a option of uploading attachment but again in this thread it was not upload may be some technical issue.

Raj Kumar Makkad (Expert) 05 July 2013
You can mention the writing of Jamabandi. I do reside just 35 kilometers from you and duly understand the contents of Jamabandi of Haryana.

Guest (Querist) 05 July 2013
Sir,
These are the actual contents of jamabandi
column 5th -:
vivran sahit kashtkar- khud khasht

the column no. 4 says
vivran sahit malik ka naam- my father's name

if you can give me your email id I can mail you the snapshot of nakal of jamabandi

Raj Kumar Makkad (Expert) 05 July 2013
If the khudkhasht is written then you need to engage a good lawyer for filing a case. You may engage Pyare Lal Khurana, TD Hans, OP Jain etc. from Hansi Bar Association.

A suit for injunction is required to be filed against the person under illegal possession as his name is nowhere in the revenue record and thereafter to get a stay order against him and then after some days to file a contempt petition and then an application seeking restoration of the land in the position at it was prior to filing of the suit means treat as if the encroacher is not on the land and your father and thereafter you are cultivating the land.

Guest (Querist) 05 July 2013
Thanks a lot sir, this is what I was expecting.

Regards

Rajendra K Goyal (Expert) 05 July 2013
Very Well advised by the expert raj kumar makkad ji. Nothing more to add.

Raj Kumar Makkad (Expert) 05 July 2013
Thanks for your appreciation.

Agriculture land given under surplus scheme but still not able to cultivate or sell it

Similar Resolved Queries :