occupant
Querist :
Anonymous
(Querist) 07 June 2010
This query is : Resolved
We hold open land prior to 1981 as an occupant. Owner is non traceable but alive. We are paying NA tax of the same land since 1981. The receip of the same shows owners name as well as our name. Other than this we don’t have any other proof, that we are occupant of the said land. Now since the said land was the part of the larger plot having CTS no XXX. In 1996 Builder has constructed on that larger portion leaving our smaller plot of land. Now we came to know that Builder already got the FSI of our smaller plot (419.25 SQ.MTRs).
Q.1 What is the way we can add our name as kabjedar in 7/12.
Q.2 If we don’t enter name in 7/12 and continue to hold same way, can any builder eligible to develop on the said land on the basis of available document which is only NA tax receipt, inspite of FSI available with neighbour building?
Q.3 We want to pay assessment tax and municipal tax of the same plot, but since it is under name of Owner, department not accepting from us. Any solution?
Adv Archana Deshmukh
(Expert) 07 June 2010
In my opinion, a suit for declaration of ownership on the basis of adverse possession is maintainable. Besides the tax receipts, you can also file affidavits of your neighbours to show that you are openly enjoying the possession of the property for last so many years.
