18 May 2013
Respected Sir, I am 38 yrs old living in rural area of Haryana by birth. Before my birth about 12 yrs back my father had purchased a land for residence purpose about 1000 sq.yard by registry. But one land about more than 500 sq yard adjoining the same land seized (possession , Kabaja) by my father. At the time of possession of that land no one has claimed of that land as ownership, later on from reliable sources we came to know that possessed land pertains to some schedule casts people which was allotted at the time of origin of village.Till now same land is under my control (possession)last more than 50 years, and construct a temporary house for cattles and boundary wall of possessed land included our own land. In between my father expired in may 2005. I have registry papers of purchased land only and no other papers of possessed land. But now the legal heirs of that possessed land are claiming as ownership. By the above facts I want help of your expert knowledge as:
(i)How can I become the legal owner of controlled (Kabjawala, possessed)land. (ii)Is there any provision in THE INDIAN EASEMENT ACT or any other Act relating to the property. (iii) Please quote the latest provision in Law relating to my case at state level.
19 May 2013
You have a case of ownership by adverse possession. the person claiming to be the owner must bring an action for restoring possession within Limitation period of 12 years from the date of dispossession provided that the claimant had the knowledge and consciousness of the adverse claim. or else the title of the true owner is extinguished.a trespasser can well acquire title by adverse possession. the experts are requested to rate this posting
19 May 2013
There is no enactment declaring you owner for such kind of possession.
You should keep mum and enjoy your possession as other party can not dispossess you without decree of a court for which he shall have to file a suit against you and it is then when you in defence prove that your possession is HOSTILE TO THE KNOWLEDGE OF REAL OWNER FOR A CONTINUOUS PERIOD OF MORE THAN 12 YEARS,RIGHT SINCE FROM YOUR FATHERS TIME,the suit of owners shall get dismissed unless their is some special provisions of eviction in Haryana's Land laws to evict trespassers from patta land allotted to SC/ST by state govt.
21 May 2013
Dear Sir Shri Prabhakarsinghji, I only intimated to invite fair criticism on my posting in the light of the prevailing legal position, I may not be misunderstood in this respect. further it is humbly submitted that a suit for declaration of ownership by adverse possession can well lie against all including the state, because right to property is lost if the possession on the strength of title is not claimed within limitation even after knowledge of adverse claim. one can refer to extinguishment of title as provided under section 27 of the Limitation Act also, further "keeping mum" is destructive of concept of claim of adverse possession,stealthy conduct will never work in such a case ,because it is mandatory to claim open hostile title by the possessor, as you stated that there is a local law in Punjab enabling the state to recover possession, yet to my mind the sate can also be visited with same consequences if the state also sleeps for unreasonably a long time to take action under the local law, Thank you for offering your comments.
15 June 2013
with due respects to the experts, A suit for a declaration of title can lie provided the plaintiff has perfected his title by adverse possession ,just as a case of perfection of easement rights through hostile treatment under section 15 of the easement act to the owner,the Atrocity Act does not deal with such a situation and does not override status of civil right, further there is no legal bar against filing such a suit and if filed it will work.To be more specific a notorious act confers title in such a case,regardless of the fact that it violates ownership rights of the true owner,treating the true owner with hostile animus is an ingredient of acquisition title by adverse possession.
16 June 2013
Dear Sir Shri Prabhakarsinghji, I respect and appreciate your views still however at times one may need a declaration of legal rights in ones own favor regardless of waiting for other side to initiate proceedings Thanks.
16 June 2013
16 June 2013
Dear Shantilal Pandya ji,
With respect to your latest post, I can say that your opinion may work well on some cases, but not on all such cases at all the times, as success of any stragy mostly depends upon case to case basis and on the nature of the case.
I had been watching discussion of all experts on your post very curiously. I don't know the strength of the present case depends upon what sort of facts, background and circumstances, as the querist has not come forward with full facts that may solidify his claim.
Moreover, laws om SC/ST Attrocities are much more stringent and can prevail well over the claim made under property law. So, in my opinion, mere declaration of legal rights about adverse possession would not be quite sufficient, He would have to prove adverse possession without any element of doubt.
I hope you are fully aware of the fact that the burden of proof lies on the prosecution. So, instead of defending the position that would be somewhat hard to make his case survive as a prosecutor, as the prosecution side would not be fully aware of what defence weapons or strategy does the opposite party possess. On the other hand, if the other party files a suit for restoration of possession, at least the grounds of his claim would be readily availabe to prepare well the defence strategy.
So, I fully endorse the opinions of S/Shri Prabhakar Singh ji and Shroff ji. Better the querist should maintain staus quo.
I hope you would like to agree with my view points.
25 March 2015
Continuing and Agreeing with the reply of Expert Shri V R SHROFF:
FURTHER Introspect on the following: (even though the query is a year old)
1. The "possessed land", on record, belongs to a SC/ST which was allotted to the SC/ST, at the time of origin of village by the Govt.
2. It is Criminal Offence to trespass and/or possess a Land, which belongs to a SC/ST, irrespective of "adverse possession" OR whatever, irrespective of the period of possession of SC/ST land by any other person, other than the allottee or allottee's family.
3. The area collector, by legal default, is empowered suo moto to seize a SC/ST land, and initiate criminal proceedings against the illegal trespasser /encroacher /possessor, irrespective of the period of possession of SC/ST land.
4. A SC/ST land CAN NEVER be sold /purchased, without due order from the area collector. Hence there is no question of "adverse possession" proceedings in any court of law. The "possessed land" claim itself is ultra-vires ab-initio.
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