Land purchased - Owner not agree to to transfer the ownership
Yogesh
(Querist) 20 April 2011
This query is : Resolved
Dear Sir/Sirs,
I m a son of farmer and living in Gujarat. In family, we are two persons - my mother and myself.
My father had purchased a piece land from his friend verbally in 1982. He had paid the price for the land but did not made a agreement in written. we are farming the said land and paying " Mehsul- the goverment duties for land" since 1982.
Now, my father and his friend , both get passed away. When i have approched to the son of landlord (My father's friend son), he does not agree to make selling agrrement of the land saying that the land was not sold to my father but given on rental basis. Now he wants to return that money and forceing us to vaccant the land.
We have made case on basis of "adverse possetion" in civil court giving proof of receipt " Mehsul- the goverment duties for land" from 1984 to 2011. The court comissoner has inspected the land and made " Panchnamu - inspection report of the land".
what is the chances to win the case?
One elder person advised me to give application in tennancy court insted of civil court.
Please guide me for the case.
Thanking You,
Yogesh Patel
Mob : 9998980448
Sri Vijayan.A
(Expert) 21 April 2011
Though the sale deed is not registered, you can claim for Adverse possession.
You can win the property, dont worry.
Consult and appoint a local advocate and if the third party disturbs you file suit.
Otherwise keep silence and at any cost dont leave the possession.
Yogesh
(Querist) 22 April 2011
Thanks for your valuable advice.
One thing i forgot to mentioned in the above query.
1) In 7-12 A form , title is in third party's father name. our name doesnt appear in any documents. we are farming for @ 30 years and have " goverment duties receipt in name of us" only.
2) Court commissioner has vesited the farm and made report mentioned crop name. he does not write the name of owner of the. crop.
How can i proove the possion of the land as only " goverment duties receipt in name of us" is the proof i have.
Thanks
Yogesh Patel
9998980448
