Unauthorised occupancy
Querist :
Anonymous
(Querist) 19 December 2010
This query is : Resolved
An agricultural land standing in my wife's relation's name is unauthorisedly occupied by a person belonging to SC / ST community. He has occupied the same about 15 years back and due to severe personal problems, she could not access to that property and now intending to sell. But that person is not at all giving possession. Eventhough we may file a suit for possession, permanent injunction, it will take its own time. What is the alternate remedy? Please answer as early as possible. The matter is utmost urgent.
Thanking you
bhagwat patil
(Expert) 19 December 2010
Does form 12 of 7/12 extract contains occupiers name?if so compromise the matter.
Y V Vishweshwar Rao
(Expert) 19 December 2010
If possession is not recorded in the name of the third parties /Persons , the presumption will be that the owner of the land is in possession-(though,specifically Owner possession is not recorded in Revenue Records) . How ever the continuity of Records about possession of Third party and nature of third party possession to be considered with relevant Revenue records .! It is required to be verified by local Advocate with reference to revenue Records
Uma parameswaran
(Expert) 19 December 2010
When the other person get the knowledge about the sale proceedings he may go legally .Then it will be a problem for relative.So after verify revenue records try to clear your possession and title.
s.subramanian
(Expert) 19 December 2010
If you go to court and the opposite party is able to prove continuos possession for 15 years,then your suit will be dismissed on the ground of adverse possession. It is better to try some kind of amicable settlement.
niranjan
(Expert) 19 December 2010
Pl.verify Record of Right and VF VII/XII.If his name appears in 7-12,he will claim tenancy right,but since he has not paid any rent,he cannot prove tenancy ,if his name is not appearing as cultivator of the land you can show your possession by 7-12 and file suit for possession. You can also verify method of cultivation which is shown in 7-12 and it could be method one or two i.e. either personal cultivation or cultivation by labour,you will have case.Only if method 3 is noted,i.e. by tenant,you will have to take steps under Tenancy Act which also provides for eviction.
Querist :
Anonymous
(Querist) 20 December 2010
Dear Sirs/Madam,
Thank you very much for your kind reply and suggestion. In the Record of Rights, Mutation Register extract, the name of the property is in my wife's relation, who is the actual owner to that property inherited to her after the death of her husband. Upto date Kandayam has been paid. On Record there is no problem at all. The problem is vacating that person from the property since the person belongs to SC / ST community, it needs handling the situation more sensitively. Not much support is had with my wife's relation. Hence, the matter needs careful handle.
Thanks.
