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DK (Professional )     22 December 2023

Thoppu promboku land with registered sale dead and 60 years possession can file a civil suite for di

Hi Sir/ Madam,

I have around 1.10 acres of agriculture land and this is purchased around 60 years back by my grand parents from there as of today this land is with our possession without out any intervention.

Few years back back we comes to know in the revenue records this land mentioned as government thoppu but we purchased purely registered sale dead at 1965 from there we are cultivating agriculture on this land ...after my grand parents we are doing cultivation.

My be this revenue records wrongly update after our sale dead registration or before our sale dead registration 

As per documents  and EC I can assure there was some one cultivating before our sale deed more than 100 years ...such sceneries 

Is it possible to file a civil suite for diclaration of title ...

Thanks in advance 



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     22 December 2023

When you have a legal document you can approach the revenue authorities with a request to update your records. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     22 December 2023

Since you have purchased the property by  a registered sale deed and are in possesion of the same for decades, there is no reason for the government to take back the property.

If you don't have patta then you can apply for it or if you apprehend the risk of government taking it back, you may file a suit for declaration and injunction to declare the title and to restrain them from interfering in your possession and enjoyment of the same.

1 Like

DK (Professional )     22 December 2023

Thank you very much sir,for the clarification 

T. Kalaiselvan, Advocate (Advocate)     23 December 2023

You are welcome for your appreciations 

1 Like

Sanskriti Tiwari   23 December 2023

Based on your situation, filing a civil suit for a declaration of title could be a viable option. The legal principle of adverse possession might support your claim, provided your family has openly possessed and cultivated the land without interruption for a significant period.

Under the Limitation Act, adverse possession can confer ownership rights if someone openly possesses the land for over 12 years without interruption, claiming it as their own. However, as your family has been cultivating the land for 60 years, this extended period strengthens your case. For a better understanding of the term, you can also refer to the case of Ravinder Kaur Grewal vs. Manjit Kaur.

Additionally, the Registration Act, 1908, is relevant here. If your sale deed is properly registered and your possession is consistent, it could validate your ownership despite discrepancies in revenue records.

1 Like

DK (Professional )     08 February 2024

Could you please help me with the case details of Ravinder Kaur Grewal vs. Manjit Kaur if its available in online could you please share the link. Thanks

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