Registration of acquired land
kehar singh
(Querist) 08 April 2015
This query is : Resolved
Respected members
My father had bought a house plot in the year 1987 from Mr. X(Seller). After the death of my father in 1996 the plot has been transferred in my name through mutation and I constructed the building within the area where my father had constructed Wooden house nor encroaching even 1" others land.
Now the area has been fallen under municipality area and as per municipality law I have to pass the floor plan of the building.
Now I come to know that the actual area occupied since my father time was about 30'x 38' whereas the area recorded in document is 30' X 30'. There is no complain from all the four boundary holders as well for the area actually occupied. Nor any boundary side belongs to the Mr. X and his legal heir.
So in view of the actual area occupied I approached the Collectorate Office to correct the record as 30' X 38 'ft instead of 30 x 30 ft. Accordingly the area has been verified by the concerned Head Surveyor and Revenue Surveyor along with all the members of boundary holders and there is nothing adverse in the field inspection report.
But the youngest son of now late Mr X has come to know that I am planning to update the land record thus he has file a petition for not to include the excess portion so acquired by me on the plea that his father had sold 30' X 30'ft area only and not 30 X 38 ft. Whereas the petitioner was minor when his father had sold out the plot in 1987.
Now I am of the opinion that the petitioner (son of late Mr X) has no right to make claim for the excess area of 8 x 30 ft at this moment on the following grounds
1.That, neither petitioner nor his father himself had objected to the acquired land even when my father was alive nor even when Mr. X was alive until 2 years back.
2. That, Nor the petitioner holds right title of the so called excess land of 8 x 30' ft acquired by us since 1987.
3.That, Nor he is my one of the boundary holders so that he can say that I have encroached his 8 x 30 ft land.
However, I valuable opinion of the learned experts is solicited on the above issue so that I can place my views accordingly before the Collectorate office as and when called for.
alexander
(Expert) 09 April 2015
The suit in this regard may not be maintainable firstly by the law of limitation and also by the law of unintentional "adverse" possession. Adverse possession doesn't have to be intentional or unintentional.
2. Have you been paying any property tax for this 30 x 38 plot.
3 Worst case scenario could possibly be compounding the extra 8 ft strip of the land. But for that to happen the parties shall have to travel miles amiles of the Court Corridors before any result could be achieved
. You may take the advice of your local lawyer
Alexander
nom drt plume
kehar singh
(Querist) 11 April 2015
Dear Sir Alexander,
Suit if filed by son of Mr. X or suit to be filed by me to include the possessed land ? I could not understand first para of your reply clearly. So request you to write in simple language.
2. There is no such property tax in our state however we pay land tax of Rs. 20/-per year in respect of portion of land recorded in land record deptt. i.e to say 30 x 30.
3. Which parties shall have to travel miles - me or the son of Mr. X . Pl clarify this one also.
Rajendra K Goyal
(Expert) 11 April 2015
The matter in the court may not be decided in 5-10 years.
Defend your case on merits. If the case goes against you go for appeal.
Your lawyer should keep pull case for years till all the legal heirs agree to settle the matter with you.
kehar singh
(Querist) 11 April 2015
respected shri Goyal
Is there chance of going case against me?
but i want that the case b decided in my favour soon so that i may pass the floor plan ex-post facto. Isn't there any rulings in similar cases?
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
Until there is an injunction order by court there is no problem for you to go ahead with the proposed construction activities. Let him file the suit, you challenge the same by operating the law of adverse possession.
kehar singh
(Querist) 14 April 2015
The irony of the case is :
1.The actual portion of the land registered in my fathers name is 900 sq ft.
2. Actual possession of the land is 1140 sq ft.
3. The land was registered in 1981.
4. the seller lives about 100 ft away from the plot area.
5. my father expired in 1995.
6. The seller expired in 2012.
6. The seller never raise any issue over the excess possession but rather sold out remaining surrounding areas to other persons before my father expired.
7. Nor the legal heir the Seller has any legal document that the excess portion belongs to his father except that of my Sale deed document.
8. Now when I want to take possession of the excess area legally in the light of actual possession since my father's time, the youngest son of the seller raises objection over the excess portion.
9. Now almost 35 years elapsed since my father took possession of the plot including the excess portion well known to the seller.
Now my question is how can I get the excess portion under my possession legally.
