Kesar hind land
Querist :
Anonymous
(Querist) 17 October 2011
This query is : Resolved
hello experts,
I have a piece of land in front of my house which is not owned by anyone. It is kesar hind and has been in our posession for a over 100 years now. I want to construct a temporary hall(made of tin) on that. However my uncle is not letting me construct it. Can he go to court and get a stay, if I go ahead with the construction?
I want to know what can I do?
I guess, as it is kesar hind it cannot be considered our ancestral property.
Thanks.
adv. rajeev ( rajoo )
(Expert) 17 October 2011
When you dont have a right how come you construct the shet? Your uncle may distrub you by filing a complaint to the concerned authroity i.e., muncipality. Your uncle can file a suit for injunction against you showing hardship would be caused to him. So better get enter your name first to the land and start constructing.
Querist :
Anonymous
(Querist) 17 October 2011
Thank you for the clarification.
bhagwat patil
(Expert) 17 October 2011
First enter your name in RoR by factum of possession.it require uninterrupted continuos peaceful with the knowledge of owner (in ur case govt.) for 30 years.
prabhakar singh
(Expert) 17 October 2011
As you state"It is kesar hind and has been in our posession for a over 100 years now."
But you do not tell those possessory acts that you or your fore fathers constituted on that land ,only because it is located opposite to you,and no possessory act on the spot can not make you its owner even if you prove some stray acts on the land or even a tin shed is proved to have been there from your fore fathers period,it would not lead to an inference of adverse possession.Adverse possession is a plea essay to plead but difficult to prove.It must be of hostile in nature of a permanent character ousting the owner in his knowledge with a clear cut date to ascertain to count the start of limitation coming into way of title owner.The land was open,and it is still open.just you now want
to put a shed that too is a controversial phenomena between you and your uncle,then i do not think ,you have matured some right over the land to plead before courts to recognize that.
