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DK (Professional )     22 December 2023

2c land tamarind tree which is paid tax around 70 yrs

Hi Sir/ Madam,

2c land tamarind tree which is paid tax to revenue department around  arvesting more than past 70 yrs.

Now municipality can claim the ownership and take back the possession?

 

Thanks in advance!
 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 December 2023

If the landed property is taken on a lease from government,  on the termination of the lease agreement,  the government may take possession. 

You can obtain a stay order on the basis of long tenure of tenancy and seek for declaration of title on the basis of law of adverse possession. 

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Sanskriti Tiwari   23 December 2023

Property ownership is governed by various laws, including the Transfer of Property Act, 1882, and the Limitation Act, 1963.

The scenario you mentioned involves a tamarind tree on someone else's land, which has been paying taxes to the revenue department for over 70 years. As suggested by expert Adv. T. Kalaiselvan Sir, this situation might fall under adverse possession. The concept of adverse possession, where a person possesses land openly, continuously, and without interruption for a specified period, grants them ownership rights.

However, mere payment of taxes is not sufficient sto claim adverse possession over the entire property. The possession should be open, notorious, and hostile to the interest of the true owner. For a better understanding of the term, you can also refer to the case of Ravinder Kaur Grewal vs. Manjit Kaur.

Regarding the municipality's claim, they might not have automatic ownership rights unless they can prove their title or challenge the adverse possession claim.

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