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Assigned land

(Querist) 23 March 2014 This query is : Resolved 
Hello experts,
I am from Andhra Pradesh. My grandfather was assigned land with laoni patta in the year 1947. The total area was 7.00 acrs. My grandfather had sold the land in the year 1963 upto 3.00acrs. The purchaser had kept the entire land under his possession i.,e the sold land extent 3.00 acrs and the extra land 4.00 acrs. In the year 1976, the Urban Land Ceiling (ULC)act has declared the person who has purchased the property from my grandfather as surplus land owner owning 17.00acrs. The extra land which is being kept under his possession from 1963-2014 is upto an extent of 4.00acrs. the illegal occupier has managed all these years by influencing the revenue dept.There was no notice served to us all these years of any development or modification in the land and its records. We were unaware that the possessor/purchaser has occupied the extra land which was never sold. Years later after my grandfather's death, my father has realised the existence of extra land upto an extent of 4.00 acrs and he has filed with the authorities for the restoration of 1.00 acre land. However, the local Tahsildar has resumed the land in favour of govt. Now, the suit is being filed by the possessor to us and the local Tahsildar as respondants. The burden is on the Tahsildar and the legal heir of the assignee ( my father) to prove the possessor as illegal. The land is being declared surplus upto to extent of 4.00 acrs and govt has taken back the possession from him under Sec 10 (6). In the revenue records he is shown in the pattadar column as if the property is assigned to him. Please kindly help me how to show that the possessor has illegally occupied the land and also how to get our land back.
Dr J C Vashista (Expert) 23 March 2014
Vague query.
How can a purchaser keep the entire land under his possession i.,e the sold land extent 3.00 acrs and the extra land 4.00 acrs? Can the seller agree to handover possession of 7 acres when he has sold only 3 acres and slept for 51 years despite the fact your grandfather was woken up under the provisions of ULC Act, unbelievable and imaginary story.
Contact a local lawyer with relevant documents.
Rajendra K Goyal (Expert) 23 March 2014
Consult a local lawyer and show him all the relevant record / documents.
T. Kalaiselvan, Advocate (Expert) 25 March 2014
It is better you approach a prudent civil lawyer in your locality, produce all the papers in your possession before him, obtain his opinion and proceed as per his advise.


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