Civil Procedure Code (CPC)

Right of ownership based on possession and girdawari ?

This query is : Resolved 
 

(Querist)
21 January 2010

Hi,

My father bought a share in a piece of agricultural land in Punjab in 1990 along with 12 others.

The other parties sold off their share to a new buyer 'A' but my father retained his share.

Eventually, the new buyer 'A' sold off his share to two other buyers 'B' and 'C'. 'B' further sold his share to 'D'.

My father did not bother about the property which was left open and un-attended for all this while. Recently he found that the other shareholders have constructed a wall around the total land and also conveniently divided it into two halves by constructing a wall within it and have also given it out further for Agriculture and for some construction related equipment parking.

I have the following questions :

1. In the deed where 'A' bought the shares of all the other shareholders, it mentions that he has been given the possession of the land. Can this be challenged on the grounds that since he only became a new shareholder, he did not have the right to be given possession unless the land was partitioned and my father given his exclusive share.

2. In all the subsequent sales, it has always been maintained that the buyer has been given the possession of the share he has bought. Does any of this stand ground ? or is it all objectionable and can be challenged

3. On a brief discussion with the present shareholders, we were told that they have been using the land since the last 9 years and have been getting the 'Khasra Girdawari'(record of harvest) done in their name and hence they have an upper hand and probable ownership of the entire land. Does this hold any merit ?

4. My father had bought a share in agricultural land. However, present day it stands as partly cultivated and partly used for commercial purpose. Can he now claim damage to the agricultural land and his share within it ?



Parveen Kr. Aggarwal (Expert)
22 January 2010

You have not mentioned what was the recital regarding possession in the sale deed in favour of your father. Also whether Khasra Girdawari ever remained in the name of your father. You have also not mentioned whether mutation of the land was ever sanctioned in the name of your father and what is the status in Jamabandies?
Please give all the details.

adv. rajeev ( rajoo )Online (Expert)
22 January 2010

Your father is absolute owner of the piece of land what he has purchased. If A is claiming that he is the absolute owner of the entire land then your father will have to file a suit for declaration and injunjction and also he can claim the damages caused to his land.

AwMeAbN (Querist)
22 January 2010

Thanks Praveen and Rajeev for replying to my query !

Praveen,
Information as required by you is as follows:

1. The sale deed that my father has states that the possession has been given to the buyers (13 shareholders in this case). There was no partition done amongst these 13 and each had a fractional share in the whole land.

2. The Khasra Girdawari still stands in my fathers name along with the other current shareholders (just checked that today)

3.The mutation was sanctioned in my father's name and the Jamabandi shows him as the owner of the share he had bought back in 1990


Rajeev,

My father had bought a share in a bigger piece of land. But the land was not divided/partitioned. It still stands as a complete whole with my father's share staying intact but still as a share in the bigger piece. So do you mean to say that he has absolute ownership on the entire land (cause we do not know which part of the entire piece to call as ours :-))

Parveen Kr. Aggarwal (Expert)
24 January 2010

Your father can file a suit for separate possession by way of partition of the land because he is recorded as joint owner in possession in the records as well as in the title deed.



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