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Dinesh (Not applicable)     27 October 2013

Karnataka land revenue act and transfer of property act

one of my friend has come with a case who has a land which is cultivated by my friend since 25 years which belong to a lady who has left the place since then while leaving the village she made an agreement as to the receipt of certain amount of money against the land as a security and  promised to execute the sale agreement  but unfortunately either she nor her family members did not arrive and whose where about is not known. A person claiming to be her relative has transferred the land into his name and why was that land transferred or mutation made  is not known in the revenue department and that person orally asked my friend  to leave the land but my friend claimed the money which was given to the lady and hence continued to remain in possession since than the  other person claiming to be a relative has not given the amount and denied to pay  and assured to give one or the other day  from 1980 till date. now he all of a sudden is interfering in the peaceful possession of my friend and not yet paid the amount but the Record of Rights has the name of the person ie the said relative and the revenue of the land is paid by my friend and who is in the possession of the land. whether my friend can claim right to property as he remained in adverse possession for 25 years on the basis of payment of land revenue and possession and what remedy is there to recover the money. please reply its urgent.email address dineshkumarddp@gmail.com



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 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 October 2013

Paying land revenue does create tittle over the land.  Adverse possession law is entirely different.  In my opinion your friend cannot claim the tittle by way of an adverse possession.  But there is no bar to file a suit for adverse possession.


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