I just want to know, who will be the rightful owner of a kumki land. History - Around 35 years back my parents settled in a village of Dakshina Kannada by purchasing 3 acres of land. And there was 1.5 acres of kumki land apart from that. After an year a friend of our neighbour came for settling in our village. And he wanted to have some land for the money he had. My father was a person who help anyone, so, he offered him an acre of land from the land we had. But, recently(I mean, around 7 years back from now) we were financially bit troubled. By taking the advantage of this, our new neighbour legalized the complete kumki land(1.5 acres) in his name. We were unable to act against him due to the financial problem. So, here is the question. From above, by law who will be the rightful owner of the kumki land?. According to me, the 1st buyer should be the rightful owner(that us). If the 1st buyer is the rightful owner, how can we claim back it? Thanks in advance.
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Your father has to file suit to set aside registration of 1.5 acres of land in name of the purchaser
2) mention that only one acre of land was sold to him and not 1.5 acres of land
3) suit for setting aside registration has to be filed within period of 3 years of discovery of fraud
I think you haven't understood the question clearly. For reference on kumki please check this link http://www.thehindu.com/news/cities/bangalore/%E2%80%98Kumki%E2%80%99-lands-to-be-regularised/article14548512.ece We were initially having 3+1.5(kumki)=4.5 acres of land. And we sold 1 acre to that person. And he again legalized 1.5(kumki) to his name. So, now he owns 2.5 acres. Actually, I'm not clear with your answer also. So, please let me know this matter comes under what act/section of Indian(May be Karnataka) law. So, that I can study on that. So, question. From initial Q above, by law who will be the rightful owner of the kumki land?. According to me, the 1st buyer should be the rightful owner(that's us). If the 1st buyer is the rightful owner, how can we claim back it? Note: this issue is happened 7 years back.
Kumki lands are the land owned by the government which lie within 100 yards from land under cultivation. The farmers having agricultural fields in this vicinity had been given the right to cultivate the government land lying vacant, which were bordering their lands. This was known as Kumki right
2) The State government has decided to grant occupancy rights to farmers who have been cultivating common lands (kumki/bane/betta/haadi/soppinabetta/jumma lands) under the Akrama-Sakrama scheme.
3) you had no ownership rights over the kumki land of 1.5 acres as it belongs to govt
4) since your father was cultivating it he offered it to neighbour of 1 acre of land
5) however your neighbour has wrongly regsitered 1.5 acres of land in his name
6) complain to deputy commissioner against wrongful registration of 1.5 acres of land in name of neighbour
5) he Supreme Court (SC), through a verdict delivered in a case of appeal, has ruled that the decision of the district deputy commissioner would be final and binding as regards utilization of Kumki land is concerned.
6) by issuing special or general orders under Karnataka Land Reforms Act section 79 (2), the government has the power to restrict or curtail the rights of farmers on these lands.
7) you would not be the owner of 1.5 acres of kumki land as no ownership rights are vested with farmers
Kumki lands are those owned by the government located adjacent to patta lands under cultivation. Farmers with agricultural fields in the vicinity had been given the right to cultivate the government land lying vacant.
From above, by law who will be the rightful owner of the kumki land?.
According to me, the 1st buyer should be the rightful owner(that us).
From the very name it can be seen that nobody purchased the kumki land because it belongs to government but had been utilised by the settler and got them regularised in their names by various and periodical schemes announced by the government.
Therefore it would be incorrect to say that your grandfather purchased the kumki land, He would have occupied the same an subsequently given permission to the third person to occupy the same and continue the agricultural activities.
However your grandfather can approach court to declare the title on the basis of evidences in his possession for occupying the land so far.
From initial Q above, by law who will be the rightful owner of the kumki land?.
According to me, the 1st buyer should be the rightful owner(that's us).
If the 1st buyer is the rightful owner, how can we claim back it?
Note: this issue is happened 7 years back.
If you claim ownership of the kumki land on the basis of the first buyer of the adjacent land, what prevented you from objecting him while he occupied the 1.5 acre kumki land which was under your possession
The enjoyment of the kumki land by the new occupier would be without any basis, hence you may file an ejection suit and also a declaration suit to declare the title, which may bring relief and remedy to this issue.