Land problem

Divyansh Singh (Querist) 24 May 2021 This query is : Resolved
Respected Sir/Madam

Sir/Madam muchhe ye janana tha ki agar kisi vyakti ka ghar barso se GS land par h aur aaspas ka bhi kuchh land ka vahi dekhrekh kar raha h to kya Gaon ka pradhan ushpar apna karya karava sakata h ya road banava samata h?

Sir/Madam jaha tak muchhe pata h ki
jo Vyakti barso se uss land par basaa h vah land ushi ka hota h but I want to know your opinions.Sir hamare gaon me 90% logo ka ghar GS land par h.

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Quick Summary

This discussion addresses concerns about living on Gram Sabha (village council) land for many years. While long-term possession of government land doesn't automatically confer ownership, individuals may have grounds to claim title through adverse possession. This legal principle requires proving uninterrupted, exclusive, and hostile possession against the true owner for a significant period (often 30 years). It's advisable to consult a lawyer and gather documentary evidence to support such a claim and object to any actions by the village council.

Dr J C Vashista (Expert) 25 May 2021
Possession for a long time do not confer any title over the land owned by gram sabha. You can claim adverse possession and file a suit for declaration and permanent injunction in the civil court of jurisdiction through a local prudent lawyer.

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Divyansh Singh (Querist) 25 May 2021
Thank you so much sir for your precious advise.

Sankaranarayanan (Expert) 25 May 2021
I do endorse expert Vashista ji answer

T. Kalaiselvan, Advocate (Expert) 25 May 2021
Just because of log possession of the government land cannot entitle you to be the owner of the land.
If you had been in possession of the land for over 30 years and it was adverse to the village panchayat, then you may file a suit for declaration of title by operating the law of adverse possession.
You may have to produce documentary evidences to prove your possession and enjoyment of the land in question.
You can object to the take over of village panchayat only after establishing your title to the property.

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Advocate Bhartesh goyal (Expert) 25 May 2021
Yes, mere long and continous possession of land does not confer title or ownership of land.For establishing your claim of title/ownership on land by adverse possession you have to prove that your possession is uninterrupted,exclusive and hostile to true owner.

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P. Venu (Expert) 25 May 2021
What are the terms on which land is held? Is it on payment of land revenue?

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Divyansh Singh (Querist) 25 May 2021
No sir the land is not on payment of land revenue

Divyansh Singh (Querist) 25 May 2021
Sir ye bahut purani jamin h yha par log 150 saal se rahate h, yaha par sirf kheto ke papers h , yaha 80% logo ka ghar GS land par h

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