(Querist) 05 September 2008
This query is : Resolved
Kindly suggest me on the following:
'A' is an owner of an agriculture land. His younger brother 'B' is using that land since more than 40 yrs. 'B' is enjoing the income out of farming. He has put tube-well for the farming purpose. It was actually transfered to 'B' oraly by his father but nothng was taken in written. Now as 'B' has been using and earning out of it since more than 40 yrs can we say that the said piece of land has become B's property. Does limitation act applies in this case.
(Expert) 05 September 2008
if B is shown as tenant in the revenue records in respect of said land for continues 40 years, then you can presume said piece of land is B's property
(Expert) 11 September 2008
you have raised a bundle of facts in the present case.first you have not mentioned whether you got any partition or not .partition can be claimed at any point of time these are all the factual aspects which has to be proven before the court by producing documentary and oral evidences.consult a lawyer at a nearby place to you with all the documents you have then only it is possible to say where you stand.