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Mohammed Faiz   13 November 2023

Abandoned land in our possession

Hi,

My father (expired in 2017) purchased agriculture land in 1989. Now, my mother got the patta of that land. 

Next to our land, there was a deserted land where the owner's whereabouts is unknown since 1989.  My father after few years, i.e. in 1992 possessed the abandoned land and started plantation and also build 2-rooms on that land.  Till now the title holder's whereabouts are unknown.

My question is can we approach the the court to pass order to register the land in our name as we are the possessor since 1992. Is there any provision to take up that land?

Also note that my father informed the mandal office about the situation and made an application thereto for assigning the land to my mother, but there is no response.

Please guide, thanks.
M Faiz



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     14 November 2023

You can apply for patta to be issued on yor name on the basis of continuous posession ane enjoyment of the property for a period over 12 years.

If the revenue authority is issuing the patta then you can file a suiot fopr declaration to declare your title to the property by passing a judgment to this effect on the basis of the patta issued by the revenue department, by which you can acquire proper title to your name

Mohammed Faiz   14 November 2023

Thank you very much for your reply & professional guidance, really appreciated sir.

Dr. J C Vashista (Advocate )     15 November 2023

File a suit for declaration of ownership by adverse possession of encroached land.

Seek advise / professional services of a local prudent lawyer.

1 Like

Mohammed Faiz   02 March 2024

Hi,

We approached the MRO (Revenue Authority) to issue patta in our name due to continuous possession and enjoyment of the property for a period of over 12 years.  The MRO is advising us to approach the court for title of land, as the revenue authority is not authorised to issue pattas for encroached lands.

As the real owner's whereabouts is unknown since we occupied the land in 1992. Please advise as to how to approach the court ?

Thanks.

Dr. J C Vashista (Advocate )     03 March 2024

Please read my opinion again, file a suit for declaration through a local prudent lawyer in jurisdictional civil court.


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