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Siddharth D   15 September 2023

land related

can I get possession certificate for the land that i can't own but have possession from 5-4 decades over the land the land is also my ancestral property it is possible to get possession certificate for that land to make documents for avoiding the encroachment.if have another way please suggest me


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 1 Replies

Pankhuri Rastogi   19 October 2024

Hello Siddharth,

I studied your query and understand it. Here is my advice that you can follow:

First of all, let us discuss in brief what is a possession certificate. So, it is a legal document that is generally issued by any local revenue authority and it serves as proof that you have actual possession of the land.

As mentioned above, you have had possession of your ancestral property for a very long term and this thing subsequently gives strength to your claim, even if the land is not officially yours.

If the land is private property and you have had uninterrupted possession for over 12 years then there are chances that you are eligible to claim your rights for adverse possession under Section 12 of the Limitation Act, of 1963.

To obtain a certificate for possession, you will have to apply for the same to the local tehsildar or the revenue officer. You have to gather all the documents which are required and will help you in proving your possession.

There are other options also available if this doesn’t help.

You can get the property mutated in your name if it was inherited. You can also file a lawsuit for adverse possession in the civil court if that applies.

Lastly, for the protection of your property against encroachment, you can think about marking the boundaries of the land in a suitable way as this signifies a proactive way to safeguard your rights.

I hope I was able to provide you with the answers to all your questions.

For further clarification, feel free to reach out to us.

Thank you.


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