Schedule Cast Law on possession of property

Neville (Querist) 03 December 2009 This query is : Resolved
Dear sirs,

I have a query on the subject.ght

1. A SC person cultivating land from 1986. Can he have rights to the property as per the law. Adverse possession.
2. This is MHADA land in Mumbai.
3. What is the procedure for regularising the land under adverse possession.

Pl revert on the above.
Regards
Neville Da Silva Mumbai

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Raj Kumar Makkad (Expert) 03 December 2009
It hardly matters whether the cultivator is SC or general categorized person. The plea of adverse possession is available only where the possession is hostile and open against the true owner. If a cultivator is duly named in the revenue record as a cultivator then his possession cannot be regarded as hostile against the true owner of the land. The same condition in applicable on MHADA land.

Neville (Querist) 03 December 2009
Dear Sir,

Thank you for the feedback.

Pl advise on what steps one should take for the hostile take over.
ai
Regards
Neville Da Silva Mumb

prakash vathore (Expert) 03 December 2009
hi dear basic thing is that u cant claim adverse possession on govt land/property. it can b claim only against the private owner.

adv. rajeev ( rajoo ) (Expert) 03 December 2009
I agree with prakash

niranjan (Expert) 03 December 2009
You have not mentioned in what capacity you are cultivating the land.You may ask for occupancy rights on the land under tenancy law.

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