Grandson claiming property after 47 years

Fundamental right to property was abolised many years back from the Constitution of India and all the land is supposed to be owned by the government unless alloted or sold or leased out to private party by the government.

In the present case the records of the government with regard to the disputed property stand as not been sold or allotted or leased out to any party shall be presumed to be owned by the government.

There are 3 claimant of the land, yourself, the grandson and state government where the land is situated. Your fight on the basis of registration of sale deed and possession of the land since 1970 may stand on good ground as far the grandson is concerned but against the goverment you may fail unless the government records show you as lawful owner of the property, adverse possession of the property will not be making you owner against the government otherwise all those possessing the property unlawfully will claim it as their own by way of adverse possession against the lawful owner which is government of the state.

The above land belongs to my friend. So on behalf of him I am asking the question.

From 1970 to till date the pahanies have our names.

From 1970 to till date the pahanies have our names.

It is possible that the evacuee either did not own the property or had no legal right to sell it. Ownership of the property has to be registered and recorded in the Registrar /Collector's office with a properly stamped and executed document, merely being in possession of the property does not prove ownership.

The facts, as posted,  lacks clarity. Whose grandson is claiming the property? What are the grounds he is relying on? How Government is basing its claims? How come it is evacuee property.

With due respect to learned expert Vijay Raj Mahajan it is stated that the Right to Property is no longer a Fundamental Right, but is still a Right and no person could be deprived of the Right to Property except by the due process.

The legal heir/claimant is claiming on the basis of a purchase (by some document?)  in 1938…and trying to be 1st in chain…and thus defeat one and all.

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record………………and worth his/her salt..

Obviously you need to defeat the claim of said claimant/legal heir and state govt.

The concerned revenue office/official e.g; Patwaari being custodian of records can help and guide…

Senior counsel specializing in revenue (Civil) matters can also help and guide.

GO thru;

https://www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/Village-revenue-officer-system-to-be-revived/article14715567.ece

 

The designated revenue officer usually has mother document e.g; Shajra-e Aks ,all link docs....

 

In a recent matter IT was seen that MC claimed (under influence of Local persons) that way thru is through plot and buidling should be demolished.

Relying on just a record termed as ' Dept Book' the notices were issued...

later it was found NO link/substantiating document is available and rather the officias were approaching other dept to insert docs..........

Although the relevant docs/record  were duly obtained  thru efforts and RTI still there was a full blown effort of vested interests....The vested interest were duly and fully checked and defeated and Dept/officla were penalized...

Needless to mention your LOCAL counsels can help and support...