Ownership of property purchased on affidavit

Bharat kumar (Querist) 11 January 2021 This query is : Resolved
My father were 4 brothers. They had some verbal partition in 1975, of our property in which one small land property was given to my father, which was Khatiani in name of my one uncle. The dakhil kharij of land was got done in Anchal on the basis of Affidavit from my uncle before 1st class magistrate in 09/2011. Since then we are paying Land Lagan Anchal receipt in our two brothers name as father expired in 1989. (& Municipal Taxes from 1995).

In 2016 one dispute occurred for Road going to the land and my uncle has filed a case on us. Off the court, it is being heard that Dakhil Kharij of our property will become invalid and will be broken if they tried for this.

I want to know that is this transfer of land is valid for all purposes or not. What is the valadity period of a property transfer on Affidavit like this?

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This discussion concerns the ownership of a land property acquired through a family settlement and an affidavit in 2011, despite the land originally being in an uncle's name. The family has been in possession since 1976, paying land taxes and municipal taxes for many years. A recent dispute has raised concerns about the validity of the property transfer and the 'Dakhil Kharij' (mutation) process. The advice suggests that long-term possession and tax payments, along with the family settlement, likely establish ownership, potentially through adverse possession, though disputes over public access roads are cautioned against.

Isaac Gabriel (Expert) 12 January 2021
You have been paying taxes and retained it years together based on family settlement. which entitles you title.Neverthless, if the intervening road is for public purpose, litigating on it will not be advisable.

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Bharat kumar (Querist) 12 January 2021
Yes, we are in possession of the land since 1976, as on this there is one atta chakki industry since our partition in1976. Due to our poor knowledge, we could not transfer the land on our name in 1976, which could be done on September 2011. Since then we are paying land Lagan (11yrs). But we are paying municipal taxes since 1975, as in municipal corporation, the land was transferred to our name in 1995 only.
Is there any possibility of breaking of our Dakhil Kharij in Anchal? Is there any validity period of Dakhil Kharij of land transfer on Affidavit in law?
Kindly help me.

Advocate Bhartesh goyal (Expert) 16 January 2021
Since you are in possession of land since a long and paying land lagan aanchal so you would be deemed as owner apart from this you are using land without any interference as owner so as principle of adverse possession you are owner of land.

Bharat kumar (Querist) 16 January 2021
Thanks for your kind information

Rajendra K Goyal (Expert) 19 January 2021
Agree with the advice from expert Advocate Bhartesh goyal.

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