Is there any legal process to get land from occupant ?
krishna
(Querist) 19 December 2016
This query is : Resolved
my grandfather had a 1 acre land in our village. it is a ancestral property which is inherited to him. he was expired.we have EC with no transactions from 33 years on the 1 acre survey number. we have applied for mutation on my grandmother name. after 2 months we got original title deed cum mutation book in my grandmother name from government. but we don't have actual possession of this land from 30 years. after enquiry we came to know that it is occupied by someone.. is there any legal process to get possession of this land from occupant with the available EC and title deed patta book ???
Kumar Doab
(Expert) 19 December 2016
You have posted that:
"after enquiry we came to know that it is occupied by someone.. "
When was this inquiry and finding made known to you?
Kumar Doab
(Expert) 19 December 2016
Courts can examine facts pertaining to
Dishonest trespasser,,............possession originating from dishonesty and foul means, bad faith adverse possession............
You can pick up relevant points, citations from similar query discussed in other threads e.g;
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
Discuss further with your very able counsel specializing in revenue/property/civil matters at your location.
Rajendra K Goyal
(Expert) 19 December 2016
Discuss with local lawyer in detail after showing him all the documents.
P. Venu
(Expert) 19 December 2016
The passbook issued by the Revenue Authorities does not constitute a deed of title. However, it is possible that the 'occupier' would have perfected the title by adverse possession. This could be tested only in a civil action.
