Hello, My grandfather (A) and his brother (B) have joint-Patta/title in two survey numbers admeasuring Ac.18-00 agriculture land. Approximately Ac.14-00 acre land (made into more than 10 fields) was orally partitioned between them about 40 years ago, but regularly used to interchange the fields to several disputes. The remaining land (a small pond and its premises, cattle shed and its premises, etc) admeasuring ~Ac.4-00 is not partitioned till now. Person A gave his entire share of the property (Ac.9-00) to my mother 20 years ago (title on her name), and person B sold Ac. 2-30 of his share of the property to his son-in-law about 15 years ago. Due to our ignorance or miscalculation, they have cultivated Ac.1-00 land more than us which we realized recently when we tried to measure and partition the remaining land (Ac.4-00). We are not sure when that happened. Upon discussions with them, they were saying that the Ac.4-00 property should be divided equally, but if we do it, they will get Ac.10-00 land instead of Ac.9-00. Upon demanding equal share, they say now that they are in kabja over 8+2=Ac.10-00 land. They are even threatening us that they will go to court claiming kabja over this land. We never stopped the cultivation since we got the title. No official sub-division has been done on this land. We have never written any agreement document supporting partition. My mother has transferred this property to my brother and me eight years ago. My doubts: 1. Can someone claim Kabja in a joint-undivided property? 2. Is it legally valid if person B claims Kabja or adverse possession on Ac.10-00 land on the joint property? 2. How do I get back my mother's share of the property without a court case? Can I approach MRO or RDO office for sub-division as per records? 3. One civil case is running on Person B property ([deleted] = Ac.6.10) (related to partition among Person B children). When I tried to contact the Tehsildar office, they are saying that they will not interfere when the civil case is going on. But, this case is not on our share of the property. How to convince/make them work on our issues? Any advice on this is greatly appreciated. Thanks.
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In joint property possession of one is regarded as possession of all . They cannot claim adverse possession against family member
2) you can approach RDO or MRO office for sub division of property
3) since A and B have joint patta and civil case is going on in B property tehsildar would not intervene during pendency of case
1. Since the property is in your possession and enjoyment after the property was orally partitioned between your grandfather and his brother and subsequently transferred to your mother's name, you can claim title to the property, however if yor grandfather did not transfer the proeprty to his daughter by registered document then you may have to claim title by perfecting the law of adverse possession only.
If he is filing a suit then you can challenge the same on the basis of the evidences in your possession.
2. It depends on the circumstances prevailing and the documentary evidences on both the sides.
2 The MRO or RDO are no the authorities to retrieve your mother's property back to her.
She may have to file a suit for declaration and possession of her property.
3. The Tehsildar may not entertain any complaint in this regard when there is a civil dispute going on in a court of law.
Since the properties were not partitioned by a registered document and have not bee mutated subsequent to the oral partition, the entire properties shall come under one record only hence the Tehsildar may not entertain any application.
1. illegally yes
2. no. but claiming adverse possession after 12 years yes.
3. you can contact the same court for giving directions in the said matter
Dear Sir,
1) In Joint undivided property one owner cannot claim Kabja of the property.
2) The issue of partition, possession and declaration cannot be decided by the thesildar, MRO or RDO.
3) You should not leave possession of the undivided property. And You will have to file suit for possession and declaration of property based on the title made in your mothers name if party B does not allow amicable settlement.
Thank you
Dear Sir
Just try to take possession of as much land as possible and give it on lease to a strong person. Be assured that no injunction can be granted in respect of joint properties against one of the co- parcener.
1. No, an undivided share cannot be transfer to any person , and it can be claimed back .
2. As per Supreme court Judgment, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property. The prescribed period in case of for government-owned properties is 30 years.
- Further, to claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period.
- Further , he will also have to prove that he has been the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.
- Since, there is claimant , then B cannot claim Kabja on the ground of adverse possession.
3. You can file a suit before the court for taking possession from him and to interfere in the said land.
