Kul kayada & adverse possession
Shwetal Jadhav
(Querist) 15 March 2013
This query is : Resolved
Dear Experts,
We are having 7 acres agricultural land at our native place in Sangli, Maharashtra. We are staying in city for the last 35 years. Our Uncle (father's brother) is cultivating the land for the last 12 years. My father is expired.
Kindly advise as to-
1. Can our uncle claim kul kayada benefit and claim ownership of land?
2. Can our uncle claim adverse possession?
3. How to stop him from cultivating the land?
Kindly advise with respect to laws in maharashtra.
Thanks
Shashikant V. Patil
(Expert) 15 March 2013
Dear Shwetal you have not mentioned in the query if the said land is ancestral or self acquired by your grandfather. If it is ancestral land or property, then in that regard, after your grandfather's death, the land shall be inherited and succeded by your father and his brother having equal share in the said land. Your uncle cannot claim Kul Kayada or ownership over a land, neither he claim adverse possession over the land. You can demand your father's share (1/2) from him. If he is avoiding you, as legal heir of your father, file suit for partition in the Civil Court for your entitle share. Meet any nearest lawyer and do the needful.
Shwetal Jadhav
(Querist) 15 March 2013
Thanks Patil Sir,
Our grandfather had 28 acres of kul land. In 1999 through court compromise decree, each party was given 7 acres. So there is already partition.
Kindly advise in this context.
Shashikant V. Patil
(Expert) 15 March 2013
If he encroached your fathers share, then lodge a police complaint against him by producing all land documents and court compromise decree. Before that, try through mediators to solve this issue amicably.
Raj Kumar Makkad
(Expert) 15 March 2013
You have already been advised on your similar query so refer to those replies.
