Saggar Ratnakar (BE) 04 April 2021

Uninterrupted possession for 70+ years under kul kayda

Hi,

My Grandfather had purchased the property from A women in 1947. At the time of purchase women mentioned only one survey number. However recent survey conducted in 2019 that property had 3 survey numbers
Also at time of purchase Women mentioned survey no will be corrected if any mistake.
Now in 1967 that women gifted the property to her long relative which had those 2 survey numbers and now she is not in this world.
Now her relative has approached us in 2019 and he sent notice to demolish our house.
We were having some plantations on that land from 1947 and also small area for bullocks and small rooms. Later on we build a full multistorey house here in 2014 along with some coconut plantations
The Land is still an Agriculture land.Also in 2019 we had filed suit against him under Kul Kayda.
My question is how can we claim that now land is ours and he cannot demolish or dispossess us

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13 Replies

Dr J C Vashista (Advocate) 05 April 2021

It would be appropriate to consult a local prudent lawyer for appreciation of facts /document, professional advise and necessary proceeding.

1 Like

G.L.N. Prasad (Retired employee.) 05 April 2021

"My question is how can we claim that now land is ours and he cannot demolish or dispossess us "

First be confident that only the survey number is not important, and the extent is also important. The revenue records confirm your mutation on the property over 12 years and tax paid receipts on property

When the property is under your occupation, the other party can only demolish or take possession through process of law after issuing suitable notice.

Cross the bridge when it comes. Let the other party issue a legal notice and then approach to a competent local advocate for befitting reply and then defend the case when the other party files a suit for possession.

1 Like

Real Soul.... (LEGAL) 05 April 2021

You have been in peaceful posseion for long so many years so you are owners in prescripttion, just forget they cannot do anything.

1 Like

Mohit Balani 05 April 2021

My Question is how do you prove that you are peaceful possession

Abhay Marathe 05 April 2021

Produce your records such as TLR Survey map,(oldest) Light Bills-Telephone bills- Property tax Receipts, Sanctioned Building plans before the court through a local advocate if the matter goes in in the court, Rightnow, Just give notice to reply through advocate.

1 Like

Shankha Maiti 05 April 2021

If the first sale process is legally valid then second gift (may it be registered or unregistered) invalid in the eyes of law.. Law of adverse posession ground will be taken as last resort. First, they need to prove the first sale in 1947 is invalid as the deed of gift in 1967 is a subsequent event.. Best love, Shankha Maity, a counsel of High Court, Calcutta. 🙏🙏

1 Like

Chitrang Dudhwala 05 April 2021

first of all how could you build multistorey house on agriculture land ? and to build house on that said land you must first convert the agriculture land into non-agriculture one.

Subriya 05 April 2021

Get an stay order within your jurisdictional court for not disturbing your peaceful possession of your property with your Sale deed document along with your other possession documents.

Abhishek Acharya 05 April 2021

You may file a title suit against the other person claiming title to the property and praying for permanent injunction on dismantling the property on the premise of the original sale deed and its contents, the notice sent by the other person and other property documents showing peaceful and uninterrupted possesion for last 70 years or more. Then you can file an Interim application for injunction on the said notice. Even if they have a better title to property on the basis of documents you can pray for ownership by adverse possession by the virtue of continuous and peaceful possession of the property for more than 12 years.

1 Like

Tousif Shaikh 05 April 2021

Peaceful possession means without any disturbance or claim or interest or suit filed by the opponent party to claim his right over the land for atleast 12 years as per Indian Laws.

Moreover you have Mutation and Tax reciept in your name.

Of course you have to take legal advice when there arise a legality of your possession, they may harash you but not going to win the suit.

be prepared to counter the harashment with the help of a good Civil Lawyer.

1 Like

PREMCHAND RAMACHANDRAN (lawyer) 05 April 2021

firstly, you should not have filed a suit against them. you being the owner of the property... should have waited for them to move against you... sy.no can be corrected... but extent cannot be... so long as the extent and boundaries are correct,you are safe. the said women has sold the property to you... she can further alienate only what is remaining if any...now you are in possession and have title according to you... unless they prove their title, you are safe... please make sure that you engage a good and experienced civil lawyer in your locality to proceed with thr matter

1 Like

Saggar Ratnakar (BE) 06 April 2021

Hi All,

Thanks for the reply.

Also the said land comes under Gram Panchayat and we have already filed case for Kul Kayda which would come under sec 32g of Bombay tenancy act 1948.

So 2 questions here

1.If village gets converted into municipal area in future then will my case be still valid as I have already filed case when it was gram Panchayat 2. Bombay tenancy act announced land for tillers in 1957 and we have purchase deed of 1947. So are we eligible for rules of this tenancy act