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Aricultural Land Ownership

(Querist) 06 March 2011 This query is : Resolved 
What is to be done in the case where somebody have possession of agri. land for more than 40 years and doing agri. activity on the same in the state of GUJARAT, but the land is not in his name.

Can he claim for the ownership of land ?
(as per GUJARAT legislation.)

Advocate Sachdev Bishnoi (Expert) 06 March 2011
the record of the ownership is Fard Jamabandi and in the jamabandi. it is also mentioned in the jamabandi that any body is there in the column of cultivation as Khana Kasht. When your name appears in the ownership and Column of Cultivation it is clear that the Girdawari is in your name if not than the Girdawari is changed in some one else name (in the column of cultivation)
If your name appears in the owner column and not in the Cultivatin column than Girdawari is not in your name and you can move an application to Assisatant Collector for Drusti Girdawari and in the way Girdawari will be turned in your name and if the Girdawari is in your name than you can file a suit for possesion and also for permanent injuction in the civil courts.
Dayananda Gowda (Expert) 07 March 2011
he may seek adverse possession on the said land
M V Gupta (Expert) 07 March 2011
The mere fact that the person has been cultivating the land for a long time would not ipso facto confer ownership title to him.It is important to asecratin if the land belongs to the Govt. If it belongs to Govt and he is found to be an encroacher he would not get title to the land and cannot transfer validly under law.
Sri Vijayan.A (Expert) 15 March 2011
I agree with Mr.Gupta, If the land is owned by Government, he can not claim ownership.
If it is private land and the possession is un-interrrupted, then he can claim for adverse possession

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