Agricultural Land in rural area has been sold to me by the then owner by taking cost of the land. Given in writing that the land is being sold. It was sold to us as they were trying to avoid land ceiling move then. But official taxes not paid and complete papers not made. Land remained in possession for 20 years without any claimant. After 20 years, when we tried to pay taxes and complete the papers, government says that as per survey and map the land in possession does not exits. Government claims that it is their land now as it does not exists in their records. Things to be highlighted here - a) purchased from owner by paying cost b) papers not completed c) in undisputed possession for 20 years d) land does not exists in government map e) no other claimant to the land f) it came to light when we tried to pay taxes in respect of the land and have the papers completed Can I fight my case with any hope? what are the legal provisions in this regards.
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Hi, You have purchased the property but you have not registered the same before the Sub-Registrar. So your sale is not valid in the eyes of the law.
2. Secondly, Without verification of the documents you have purchased the property, so now you can't claim ownership over property on the basis of your 20 years possession.
1) sale has to be by registered sale deed only
2) call upon seller to execute registered sale deed in your favour
3) in the event any suit fir eviction is filed claim adverse possession as defence as you have been in possession for over 20 years
4) you cannot file suit for specific performance now against seller as it has to be filed within period of 3 years
Who will be claimant of the land, as the land does not exists in official record.
the seller of land has to be made party to suit proceedings
2) land must have been erroneously deleted from survey records
3) apply to court to direct carrying authorities to carry out fresh survey of land
Which papers do you say are 'not completed'? Has the sale deed not been executed? Mere possession of the land for 20 years may give you the defence of adverse possession but this will not preempt any move on the part of the govt to recover the possession of the land. If the sale deed has been executed in your favour then a suit for declaration and permanent injunction may be filed. Consult a local lawyer with the complete set of documents.
Things to be highlighted here - a) purchased from owner by paying cost
b) papers not completed c) in undisputed possession for 20 years d) land does not exists in government map e) no other claimant to the land f) it came to light when we tried to pay taxes in respect of the land and have the papers completed
Can I fight my case with any hope? what are the legal provisions in this regards.
Without proper and registered sale deed in your possession, it would not be possible for establishing the title or ownership though you have purchase the property.
The purchase of property should have been executed by a registered sale deed which is a proof of title.
However since you are in possession of property for more than two decades, you may gather evidence for your possession of property including the purchase details and file a suit for declaring the title on your name and also for a direction to the revenue department to issue patta on your name, this will ensure the rights and interests on your property.
Who will be claimant of the land, as the land does not exists in official record.
You have to create records for your possession and purchase of property based on some local witnesses and other records.
After this you can file a declaratory suit to claim title to the property.
1. file a mandamus writ before the high court.
2. possession for 20 or more years is a legal ground to presume ownership of the possessor.
3. if it is land of government then government is bound to show a notice which was issued against the possession and served on possessor.
4. in absence of such notice, it shall be presume your ownership on the land.
5. claim of government is vague and vexatious.