Two plot of land was brought & registered in the name of my grandfather and his only brothers in the year 1975.After that the my grandfather brother shifted to another location.Before leaving he sold one of the plot,with a joint agreement(not registered) on a piece of paper that he will not claim any right on the other plot of land.That happened in 1982. Since then till today the other plot that was not sold is occupied by my father and his brother(s/o my grandfather).But in the Jamabandi copy name of the other sons (my grandfather’s brother’s son) still appears.Now they are claiming right on the plot of land as the valuation has sudden spiked. Can they really claim after more than 40 years. Is there any way to remove their name from jamabandi copy.
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This may come under adverse possession too.
The piece of paper written four decades ago can be a good evidence to defend your interests.
If the plots were purchased by registered documents then you can even file a suit for declaration for the other plot based on the evidences for your possession and enjoyment
Un registered agreement is in admissible in evidence
no registered gift deed or relinquishment deed has been executed
they can claim share in property
Dear Client,
In the Present Scenario, your grandfather and his brother had jointly owned a plot of land, with an unregistered agreement, in the year 1982. Your grandfather's brother had subsequently relinquished his rights to one plot, that was occupied by your father and his brother. However, here, the Jamabandi still states your grandfather’s brother’s sons, who are presently claiming ownership on the land. Now, despite the agreement, since the same was not registered, their names are legally recognized unless the same is removed legally from the authorised documents. Further, your family may claim for adverse possession on the land, if they had continuously occupied the land for more than 12 years according to the Indian Law. But, to remove their names legally, you may approach the Revenue Department or even file a suit in the court. However, you may establish your ownership over the land, and update the land records if you had a continuous possession since 1982.
Hope you find this answer beneficial for resolving the dispute.
Dear Sir,
You are suggested to rely on the principle of adverse posession.
1. Any property sold which values more than Rs.100/- has to be compulsorily registered as per the Indian Registration Act 1908.
2. In the instant case the grandfather's brother had sold one of the plots with joint unregistered agreement on a piece of paper that he would not claim any claim on the other plot of land in 1982, but since it was not registered it has no legal validity.
3. Because the agreement is unregistered, your grandfather's brother's name appears in the Jamabandi copy.
4. Since his name appears in the Jamabandi even to this day, he is claiming right over the property.
5. It's advised to amicably settle the matter out of Court.
Adverse Possession: Since your father and uncle have occupied the land for over 40 years, they may claim ownership by adverse possession. This long, uninterrupted possession strengthens their case.
Removing Names from Jamabandi:
Consult a Property Lawyer: A lawyer can guide you in filing the suit and help initiate the Jamabandi correction process.
You need to file an application if the name has been illegally entered in record if not removed approach court by filing suit
- Since, the said plot was not transferred with a registered document then his legal heirs can claim the same after the demise of his father.
- However, as the said property is in use and occupation of your father since 40 years, then he can file a declaration suit before the Court for declaring the owner of that property on the ground of that agreement of 1982.
