Agricultural land ownership dispute
Querist :
Anonymous
(Querist) 21 August 2021
This query is : Resolved
We have paid advance 30 years ago for purchase of agricultural land and land was under our possession and now they are trying to take back possession of land by force and not transferring the ownership
kavksatyanarayana
(Expert) 21 August 2021
After giving an advance, why were all these kept silent? it seems to be not real.
Querist :
Anonymous
(Querist) 22 August 2021
This is real incident! We bought the land from our neighbour who was like family that time! We always asked them to register the land but they used to say that when his brothers come home thn they will register! but now they are behaving like enemy! Now the property value increased by 10times so they are trying to take back the possession!
Advocate Bhartesh goyal
(Expert) 22 August 2021
It's your fault ,why did you not take legal action by issuing them notice and filling suit for specific performance within three years from date of advancing 30% amount also it seems that you were also not ready and willing to pay them remaining 70% amount .Any how contact to local lawyer for necessary action.
Querist :
Anonymous
(Querist) 22 August 2021
We have paid them already 100% amount in advance 30 years ago! Now they arw demanding the consideration with current rate!! They want to take back possession by force! Can we legally fight it if we dont have any revenue challans! But we are having eye witness!!
P. Venu
(Expert) 22 August 2021
In case the case is filed, you may try to defend relying on adverse possession.
K Rajasekharan
(Expert) 22 August 2021
It seems it is a very difficult case for you fight against them and win over.
The only thing they cannot do is to dispossess you of the land forcefully. If they do so, you can get the re-possession of the land with the help of a court order. But still, they can evict you permanently though legal course later, as they are the legal title holder of the piece of land.
Even if you paid 100 per cent of the purchase money as advance, you cannot claim the ownership of the land as it was not transferred as per the legal course, so far.
Your right as of now in the land is limited to the amount you paid as advance and the interest thereon. That amount will remain as a charge in the property if you have documents to prove that you paid the advance under an agreement for purchase of it.
You cannot claim advance possession as it is an authorised possession, but not a hostile one, in consequence of an agreement and intention to buy.
Anyway, try your luck with the help of some smart advocate who can find some extra ordinary ways to help you.
Dr J C Vashista
(Expert) 23 August 2021
Very well explained and advised by experts, I agree.
What is the document to prove that you have paid entire consideration as advance ?
Why were you silent for 30 years, if you have paid the consideration in full, as advance ?
Facts posted are not convincing.
Querist :
Anonymous
(Querist) 24 August 2021
Thanks sir for your response, we dont have any documentary evidence! But we have eye witness , and land is in our possession since 1975! We paid 100% consideration in 1975 only! We were requesti them to register the land but coudnt force them because they were like family to us. But now they want forcefull possession on land!
