Dear Sir / Madam My grandfather had agriculture land which is now in my father's name. My father has decided to partition the land to his kids. We came to know that the land which was cultivated since last 90 years by my grandfather and my father is different survey number than what is mentioned in passbook. Later on we realized that our actual survey number was cultivating by another person who is now rejecting our claims and threatening us to manhandle. MRO officer's staff came and measured the actual survey number and put the boundaries, but that person removed the boundary and started cultivating again. The original passbook is in my father's name and all the government records shows my father's name. My questions are as follows: 1. Can we get back that land as per law? as we are the one having legal rights with all documents. 2. Can i move to court and get a stay order? If yes how long it takes to get approval from court? 3. How many years it may take to get the final hearing?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. A suit for declaring the title and actual survey umber and also for ejecting the illegal occupant and for possession of land may be filed before the concerned court which would be proper legal action instead of fighting against such thugs.
2. You can move court nd institute a suit as mentioned above in consultation with a local advocate.
3. The time taken for disposal of the suit may not be predicted owing to several factors involved in it
1. Yes absolutely you are entitled to get your property back as per Law.
2. The other party is doing an illegal farming in your land and also didn't obey the orders by removing the boundary created by the MRO officers after investigation. So he is already in direct conflict for intervening a Govt. Official order. So necessary legal actions will be taken against him by the MRO, once they come to know about thing you mentioned. So in this case you need to do nothing but just inform the MRO with adequate proof and witnessess. No stay order is required. The boundary was put by the MRO on the ground of definitely reason to believe that there is a title dispute in the property. So whoever proves there Title in that particular property will get the Ownership of the land.
You have to file suit for eviction against the person in illegal occupation of your land
2) first issue him legal notice to vacate the land
3) rely upon survey done by MRO office
4) if he refuses to vacate file suit for eviction
5) suit would take some years to be disposed of
1. Yes, on the ground of all documents , you have right to claim
- However , if that person was using that land for his personal land since long period like more than 20 years , then he can claim ownership on the ground of adverse possession legally.
2. Yes, stay will be granted within a short period of time for the period of disposal of the case
3. Can take long time , and not possible to forecast. However it can be compromised any time between the parties .
Dear Sir/ Madam
You are entitled to own the property and you can get back the land from the illegal occupant legally. You can file a suit declaring the title of the property in your name and submit the relevant documents proving the same. It is most likely that you will receive the stay order in a short span of time as you possess all the relevant documents. The final hearing depends upon the facts and circumstances which cant be forecasted. You can always choose the option of settlement too.
Dear Sirs, From the above question. Our land demarcation done by MRO in 2022 and police were also present. Now we are in possession of that land and transferred property to my name from my father. But the intruder is going against us to get the title on adverse possession. So far we have issued the coveat notices to them. Is there any chances that still they can claim our title. What are the next steps to be taken by us. Thank you
Intruder has to file suit to prove that he was in open ,hostile, uninterrupted possession for over 12 years
if they file suit deny that he was in possession for over 12 years
Dear Client,
if he still claims the title, then You can file a suit declaring the title of the property in your name and submit the relevant documents proving the same. It is most likely that you will receive the stay order in a short span of time as you possess all the relevant documents. The final hearing depends upon the facts and circumstances which cant be forecasted.
The caveat is not a protection to you to protect your title nor it will prevent the opposite party from approaching the court for the relief he may desire to have legally.
In the case of he approaching court with his false case, you may challenge the same properly on the basis of documentary evidences in yor support.
Since he has been dispossessed and also the possession and enjoyment of the land including the revenue records are lying on your name from the beginning, his case for perfecting the title by adverse possession may not be maintainable provided you fight it out properly.
No they can't if they again create issues file both criminal and civil proceedings against them
- As per law, the squatter(who wanted to declare as owner on the ground of adverse possession ) will have to let his intentions known to the owner, with an element of hostility into his action. Starting reconstruction work, for instance, would amount to a squatter's attempt to claim ownership. However, he is not liable to inform the original owner about his intentions. This means the entire responsibility of monitoring the movements of another occupant lies on the original owner.
- Further, an adverse possession cannot take place in case the original owner is minor, or of unsound mind, or is serving in the armed forces.
- Since, the demarcation is done by the MRO ,it means the possession of the land is given to its absolute owner after verifying the ownership , hence now an adverse possession by the squatter is not maintainable.