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krishna   12 March 2017

Recovery of possession after 12 years

Can I recover possession from illegal owner who doesn't have title deed and ROR-1B after 40 years. I have title deed and ROR-1B , but don't have possession.


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 3 Replies


(Guest)

This word ROR -1B is not used in my state so bit confused but I presume it to be land record. 

It seems some one else is in possession of property who claims to be owner of plot but he has not made a proper entry on record etc. 

Theoretical and Practical, are two different things. 


If I say theoretically then I can say Limitation Act state suit should be filed in 3 years from cause of action and cause of action in your case is 40 years so Hon. Court will not entertain you much case may be dismissed on limitation ground in 5-6 dates. Additionally you will end up paying Court fee , advocate fee and may be in loss monetary wise


Practical 

After analysing whole case whether you can claim some thing else or cook some other story and then claim immovable property depends upon advocate who studies documents and case in detail. Since that person was unable to enter names on record in land record etc. that means sale transcation was not complete some where properly , proper stamp duty , registration fee not paid  , or some thing is not straight in this case . What exactly is wrong is required to be studied legally then only inference can be made out of it.

Some people cook story he is tenant of the premises and we are owners

Some people cook story he was friend of our father and he is staying there and we are owners

Some people cook story we took money and property is in his possession , etc.

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General trend is that after cooking story they file some suit pay heavy court fee , advocate expenses and since both sides are wrong legally some where they compromise in Hon. Court. And as per compromise they take steps. 

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Now how much you will succeed in this matter depends upon case to case , situation to situation and detail case analysis 

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Whether doing such thing is right or wrong? 

This things generally happen because previous property transaction was not done legally proper and thus doors are open for wide dispute , so certainly that person too have made legal blunder or his forefather. 



 



 

krishna   12 March 2017

My father migrated & left the village 40 years back. He didn't tell me anything about that land. After 40 years I went to my village for applying pattadhar passbook. At that time I verified land records and came to know that total 3 acres land is recorded in my father. Out of 3 acres , 2 acres are in our possession . The remaining 1 acre is in someother possession. I have applied mutation for total land in my name. After verification of land records and nil ec submitted by me, revenue dept issued pattadhar passbook for total land in my name.

krishna   12 March 2017

My father migrated & left the village 40 years back. He didn't tell me anything about that land. After 40 years I went to my village for applying pattadhar passbook. At that time I verified land records and came to know that total 3 acres land is recorded in my father. Out of 3 acres , 2 acres are in our possession . The remaining 1 acre is in someother possession. I have applied mutation for total land in my name. After verification of land records and nil ec submitted by me, revenue dept issued pattadhar passbook for total land in my name.

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