Obtaining title for mortgaged land
Prakash R
(Querist) 31 May 2018
This query is : Resolved
Dear ALL,
Here is an issue in which a person is in possession of an agricultural land for more than 50 years. This land was mortgaged by him with the owner of the land more than 50 years ago. The owner of the land has died long ago and he does not leave behind any legal representatives. No one has come forward to claim this land. Even the mortgagor has also died (his wife has also died) and his children are using the land for cultivation purpose. The mortgagor name is still there in the RTC and the land is still shown as under mortgage.
Now the children of the mortgagor wants to get this land in their names based on usage and possession. The RR5 and RR6 documents (Karnataka state) shows the name of the mortgagor from the last 50 years.
Please let me know the procedure to get the title for the children i.e., to show the names of the children as land owners in the RTC, Khata transfer on children's name. Also, whether this case has to be sorted out by AC Court(Asst. Commissioner) OR Tahsildar's action OR by a Civil Court.
Thanks in advance!
Ms.Usha Kapoor
(Expert) 31 May 2018
On the basis of adverse possession for the last 50 years and nil encumbrance by applying for EC for 30 years By getting mutations done in favor of mortgagor's grand children your mortgagor's grand children acquire title and possessory rights.
Prakash R
(Querist) 31 May 2018
Thank you Ushaji for your quick answer. But I am sorry that my question had an error & now I am rephrasing the question properly:
Obtaining title for mortgaged land:
Dear ALL, Here is an issue in which a person is in possession of an agricultural land from more than 50 years. This land was mortgaged by the owner of the land to the current possessor. The owner of the land has died long ago and he does not leave behind any legal representatives. No one has come forward to claim this land from owner's side. Even the mortgagee has also died (his wife has also died) and now his children are using the land for cultivation purpose. The mortgagee's name is still there in the RTC and the land is still shown as under mortgage. Now the children of the mortgagee wants to get this land in their names based on usage and possession for last 50 years. The RR5 and RR6 documents (Karnataka state) shows the name of the mortgagee from the last 50 years. Please let me know the procedure to get the title for the children i.e., to show the names of the children as land owners in the RTC, Khata transfer on children's name. Also, whether this case has to be sorted out by AC Court(Asst. Commissioner) OR Tahsildar's action OR by a Civil Court. Thanks in advance!
Guest
(Expert) 01 June 2018
Dear Shri Prakash R,
Please don't mind, you want the ownership of land worth several (may be hundreds) of crores, but want advice on charity basis without spending a time. Even if you get some some hints how to get ownership in the name of the legal heirs of the possessor of the land on mortgage basis, you will still have to go to some very experienced lawyer to accomplish all the legal formalities to get the job done, as it is not so simple to get the ownership of land even on adverse possession basis. Adverse possession is not a cake walk to get the ownership. That may take even years to get all the basic necessary legal formalities completed.
Dr J C Vashista
(Expert) 01 June 2018
How you are concerned with the land vis-a-vis present query?
What is your locus to approach revenue authorities?
The mortgager is not survived by any LR in any class of heir??
By virtue of adverse possession the occupier never gets title of the property.
Consult a local lawyer
