Property
slkadam
(Querist) 28 March 2011
This query is : Resolved
Hello,
What is to be done in the case where we have possession of agri. land for more than 20 years and doing agri. activity on the same in the state of Maharashtra, but the land is not in our name.it is in the name of another man under " Kul-kayda"
Can we claim for the ownership of land ?
Please advice.
R.Ramachandran
(Expert) 28 March 2011
You cannot claim ownership of the land. But if the real owner comes and claim, you can put up a defence that you are in possession of the land in question for more than 12 years uninterruptedly (adverse possession), provided you have enough document to show that you were in possession for such long time.
Y V Vishweshwar Rao
(Expert) 28 March 2011
Generally one who is out of possession of the land his rights are extinguished by efflux of time - You are in Possession since 20 years - Long standing as against the real owner - the above experts opinion are correct - naturally you become owner of the land in respect of Agricultural Lands - You have to check up with your local advocates who are dealing Revenue Matters- Local Revenue Laws defer from state to state -
Parveen Kr. Aggarwal
(Expert) 28 March 2011
In what capacity you are in possession of the land (e.g. as owner, lessee, mortgagee unauthorised occupant etc.)
What is the entry in the records about occupier of the land?
How you entered into possession of the land?
What is the legal relationship between you and the owner?
Kirti Kar Tripathi
(Expert) 28 March 2011
You can not become owner of the land but certainly you can claim adverse possession rights, in case you are being dispossessed. The plea of adverse possession is available as defense not as a weapon.
