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Kharab Land under farming

(Querist) 24 April 2010 This query is : Resolved 
Hi,

My uncle has been cultivating since 1979 and has 2 acres & 20 guntas in his name. He has been cultivating in the land next to it which does not belong to any body and has been growing crops there for 3 decades.

I had heard that this land can be registered to the culivator of the land if he/she has been cultivating for more than 19 years.

Please can you let me know how and what are the procedures for this.

Thanks & regards,
Shiva Shankar S
Raj Kumar Makkad (Expert) 24 April 2010
It is wrong that the cultivator becomes owner after 19 years of continuous cultivation. The status of cultivator is important. He he is paying nominal or no rent against the cultivation then he can file civil suit seeking ownership rights therein after a continuous cultivation of more than 30 years.
niranjan (Expert) 24 April 2010
It is govt.waste land. Even though it is being cultivated,the name of the cultivator must not be appearing in the village form VII-XII,but fortunately if it is appearing,then you can ask to the Dy.collector for regularising the same.
bhagwat patil (Expert) 25 April 2010
apply to revenue autharities for factum of possession. is there any proof that ur uncle is cultivating the land?
B K Raghavendra Rao (Expert) 25 April 2010
Obtain RTC and see who is the owner. If it is government land, your uncle would never get title over the land. Your uncle becomes owner by adverse possession if he had notified about his occupation of the land and no objection has been received. If the land is being cultivated, it does not amount to kharab land. However, your uncle cannot go to civil court for declaration of ownership under adverse possession.


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