vinay (Computer Network Engg) 03 April 2016

Property encroachment

This is a story of my friend He have watan land of 100 acre from ancestral property is divided as: 1/4 part to our father (elder) 1/4 to middle paternal uncle 50% to younger paternal uncle. our 1/4 part was cultivated nearly 80yrs by paternal cousin brother , but on paper our land is registered in our names. now the middle uncle sold his 1/4 part of land. the younger uncle is making havoc and entered our home with mob of 7 people for fight in thought of that we would too sell our 1/4 part of land (which is already in possesion of paternal cousin brother since he cultivating the land for 80yrs.) the 50% share younger uncle,is staying in neighbour to us and share common dividing line (no compound wall is built), is encorouching in our side by building bio gas and cattles shed. please guide what action to be taken since the land is in kolhapur gaon.

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(Guest)

I have Maharashtra Code so would like to try this question

1) There are various types of Watan. I need exact your type applicable . Any order etc. which can help in past which can help to determine the fact or Land record etc.

2) If we choose wrong act out dozens act then whole wrong interpretation can take place

3) Property is divided , Please explain how whether formal partition taken place , records changed etc. whether it is single survey or survey divided sub divided

jyotirmaya behera (advocate) 04 April 2016

It is better to file suit for permanent injection

vinay (Computer Network Engg) 04 April 2016

point 1) pls. note the land is 270 Guntha land gifted by king hon.Shahu Maharaj II from kolhapur sansthan to his servant (ie. my grand father 'A' who was servant in shahu maharaj darbar)

'A' grand father has 2 brothers B & C.

point2) the old record is available in tahsildar office.(approx. yr1950-60) after that in 1972 when a law was passed by Indira Gandhi that given inam land must divided equally between all heirs.(brothers).

point3) out of A, B and C grand fathers, land distribution is registered for A and C grand father. A has 120 guntha and C has 90 guntha.

' B' grand father have land of 60 guntha but his name is not in any record. since he was verbally given that land by 'A' grandfather.

all A B C grand fathers are expired and their children (heirs) are now legally registered

this 60 guntha (share of 'B') is in our name (ie.our grand father 'A')

our grand father 'A' has 4 son.(out of which younger son is my father.)

the 3rd son (my 3rd paternal uncle) sold 15 guntha out of these 60 guntha (of B share).

now 'B' grandfather children with the help of C grand father childern both invaded our home one night to attack our family people with a mob of 7 people. in anger that we too would be selling the remaining 60-15=45 guntha.

please guide your percious answer of what action to be taken.

your truly

Pradeep.

(Guest)

Please give me 2-3 days for this query. I need to study. No vage ans. I prefer to read some Maharashtra State acts regarding Inam before commenting. Any query if it comes in my mind , I will post here , Please revert back immedately , so it helps in understanding main query and guiding.

vinay (Computer Network Engg) 05 April 2016

Thankyou so much

i just want to help my friend like you.

i believe to help and in process learn.

thankyou friend

(Guest)

See I have Maharashtra Code , but since young person I get confused regarding abolition law , because Law Commission report also states Various abolition law work is over and it should be repealled. But we need to first short list which Inanm Land is applicable to your land

BOMBAY ACT No. XLII OF 1953

THE MAHARASHTRA PERSONAL INAMS ABOLITION ACT. of 1953

Sec. 3 states

Act not to apply to certain inams and grants

3. Nothing in this Act shall apply to—

(1) saranjams, jahagirs and other political inams ;

(2) devastan inams or inams held by religious or charitable institutions ;

(3) inams held for service useful to Government ;

(4) inams held for service useful to the community ; and

(5) revenue free sites granted by Government for the construction of schools, colleges,

hospitals, dispensaries, religious or charitable institutions or other public works from

which no profit is intended to be derived.

2[ Explanation.— For the purposes of this section inams held by religious or charitable institutions mean Devasthan or Dharmadaya inams granted or recognised by the ruling authority for the time being for a religious or charitable institution and entered as such in the alienation register kept under section 53 of the Code or in the records kept under the rules made under the Pensions Act, 1871.]

-----------------------------------------------------------------------------------------------------------------------------

I presume above act is not applicable to you So next Innam land law from Maharashtra which came in my hand was

THE MAHARASHTRA SERVICE INAMS (USEFUL TO COMMUNITY) ABOLITION ACT.
(Bom. LXX of 1953)

An Act to abolish service inams useful to the
community in certain parts of the State of Bombay.

WHEREAS it is necessary and expedient in the public interest to abolish service inams useful to the community in certain parts of the State of Bombay and to provide for other incidental and consequential matters hereinafter appearing ;

It is hereby enacted as follows :—

1. (1) This Act may be called 2[the Maharashtra Service Inams (Useful to Community) Abolition Act.]
(2) It extends to the territories formerly comprising of Khandesh, Deccan and Southern Maratha Country and subsequently forming part of the districts of East Khandesh, West Khandesh, Ahmednagar, Nasik, Poona, Satara, Sholapur,
Bijapur, Belgaum, Kanara and Dharwar as they existed before the States’ Merger (Governor’s Provinces) Order, 1949.

-------------------------------------------------------------------------------------------------------------

Now as per second above act

Sec. 3 they abolish Service Innam as per this section

Sec 4 Liability of service inam villages and lands to land revenue and persons liable to pay the same.

4. (1) All service inam villages and service inam lands which have been adjudicated under rule 8 of Schedule B to the Bombay Rent-free Estates Act, 1852 are and shall be liable to the payment of land revenue in accordance with the provisions of the Code and the rules made thereunder and the provisions
of the Code and the rules relating to unalienated lands shall
apply to such villages and lands

Sec 5

Resumption of service inam land and its regrant to holder.

5. (1) All service inam lands which have not been

adjudicated under rule 8 of Schedule B to the Bombay Rent free Estates Act, 1852, are hereby resumed and shall be liable to the payment of land revenue under the provisions of the Code and the rules made thereunder and the provisions of

the Code and the rules relating to the unalienated lands shall apply to such lands.

(2) A service inam land resumed under the provisions of 1[sub-section (1)] shall be regranted to the holder on payment of the occupancy price equal to six times the amount of the full assessment of such land within 2[five years] from the appointed day and the holder shall be deemed to be an occupant within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder :

Provided that, if the holder fails to pay the occupancy price within the period of 1 [five years] as provided in this section, he shall be deemed to be unauthorisedly occupying the land and shall be liable to be summarily ejected in accordance with the provisions of the Code :

2[Provided further that where a service inam consisting of land is inalienable and is in the possession of a person other than the descendant of the original grantee, then for the purposes of regrant of land, the person in possession of the

land shall produce satisfactory documentary evidence to show that the alienation of the land in his favour or in favour of his predecessor-in-title was made with the sanction of the competent authority, and was lawfully made.]

3[(3) 4 [(a)] On or after the commencement of Bombay Paragana and Kulkarni Watans (Abolition), the Bombay Service Inams (Useful to Community) Abolition, the Bombay Merged Territories Miscellaneous Alienation Abolition, the

Bombay Inferior Village Watans Abolition and the

Maharashtra Revenue Patels (Abolition of Office)

(Amendment) Act, 2000 (hereinafter, in this section, referred to as “the commencement date”), the occupancy of the land regranted under sub-section (1) may be transferred by the occupant for agricultural purpose, and no previous sanction

or no objection certificate from the Collector or any other authority shall be necessary for such transfer.

After such transfer, the land shall be continued to be held by such transferee occupant on new and impartiable tenure (Occupant Class II), in accordance with the provisions of the Code :

5[(b) Before the commencement date, if any such occupancy has already, without previous sanction or no objection certificate from the Collector or any other authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised on the production of registered

instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be held by such transferee occupant on new and impartiable tenure (Occupant Class II),

in accordance with the provisions of the Code :]

Provided that, any such occupancy held on new and impartiable tenure (Occupant Class II) may, after the commencement date, be converted into old tenure (Occupant Class I) by the occupant, by making payment of fifty per cent. of the amount of the current market value of such land to the

Government, and after such conversion, such land shall be held by the occupant as Occupant Class I, in accordance with the provisions of the Code :]

Provided further that, if on the commencement date, any such occupancy has already, with the prior permission of the Collector or any other competent authority, on payment of the appropriate amount as Nazarana, been transferred for nonagricultural use, such transfer of occupancy shall be deemed to have been made under the first proviso and the land shall be deemed to be held by the occupant as an Occupant Class I, in accordance with the provisions of the Code, with effect
from the date of such transfer :

Provided also that, if on the commencement date, any such occupancy has already prior permission of the Collector or any other competent authority and without payment of the amount equal to fifty per cent. of the current market value of such land, as Nazarana been transferred for non-agricultural
use, such transfer may be regularised on payment of an amount equal to fifty per cent., of the current market value of such land for non-agricultural use as Nazarana, and an amount equal to fifty per cent. of such Nazarana as a fine, and on such payment, the occupant shall hold the land as an Occupant Class I, in accordance with the provisions of the Code.]

(Guest)

First question which comes in my mind

1) Whether THE MAHARASHTRA SERVICE INAMS (USEFUL TO COMMUNITY) ABOLITION ACT.
(Bom. LXX of 1953) which I shortlisted is correct Act

If it is correct then we are in right direction.

It seems under Sec 5 (2) the same land was regranted to people after payment of money within 5 years.

2) Whether your anchestor have paid any money as mentioned in Sec. 5(2)

3) See when we short list proper act then we can move ahead properly , Else we may end up in disaster. So please revert back and may be we require some local advocate help too , who can confirm at least i choosed correct act. Then we can discuss futher thing mentioned in that act and Maharashstra Land Revenue Code and other law

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