Property title
jaya
(Querist) 04 January 2012
This query is : Resolved
Sir,
we purchased agricultural land from a person based on mandal office records(land pass book) in April 1982.Till now my father is doing agriculture in this land ,we are paying all taxes on this land. At that time we purchased a land based on land passbook only and we didnot know about the parent document.Now a person says that in 1912 the seller's father mortgaged the land to his grandfather and he has registered document& the parent document with him.Till our purchase also the land was under the control of the seller only and all the taxes are paid by them only.Now that person says we have no right on this land.Please clarify me whether that land which was under our control from 1982 is ours or not?
Thanks in advance
Raj Kumar Makkad
(Expert) 04 January 2012
why you say the land was under your control rather say the same was under control of either you or your seller since 1912 continuously.
If there was no mention of the mortgage in the relevant revenue record which you had checked prior to the purchase in 1982 then there is no claim of the third party claiming a mortgage thereon. You should obtain all relevant title documents of the mentioned land since 1912 and should consult with a local lawyer dealing in revenue matters and should act accordingly.
M/s. Y-not legal services
(Expert) 04 January 2012
purchase, in the year 1982 made without checking the earlier encumbrances?
from 1982 you are only in possession mean the earlier encumbrar did not take stepa to evict you?
jaya
(Querist) 05 January 2012
YEs we didn't hear any objections till 2011.
Now the grandson of the mortagee is saying the mortage is not cleared before 99 years.So he is having the parent document.As he is having parent document,he is claiming he is the owner of the land.
Devajyoti Barman
(Expert) 06 January 2012
Anyway enjoy the possession. If some person comes out then the defence of 'adverse possession' would be there in your favour.
Sailesh Kumar Shah
(Expert) 07 January 2012
No one can claim ownership rights on the basis of Mortgage document.
