Sam D'costa (ABC) 12 December 2009

Land occupant

We hold 419.25 sq.mtrs. land as an occupant. Hold this land before 1971 and started paying NA tax from 1981 as an occupant. The owner did not come to us any time. Our family is financially average. Im only educated and still studying. What to do i dont know. If anyone can suggest me. The land is in orange zone. NA receipt states my grandmother name as occupant aswell as owners name. Plz guide me...

In expert column, Mr raj kumar makkad advised to go to court for declaration procedure.

Can any one suggest me steps for the same..?

Thankin you.

Sanjay Patil

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10 Replies

(Guest)

Sanjay ji,

How can you declare some one's property in favour of you in the court? From where you get property related documents? If owner knows he can make criminal complaint against municipal authorities and you.

Adv Archana Deshmukh (Practicing Advocate) 12 December 2009

Sathya Prakash ji, I think he wants to obtain declaration that now they are the owners by adverse possession.

Sam D'costa (ABC) 12 December 2009

Thanks all for reply...

my grandma came to bby prior to 1971 and she took a land measuring 419.25 sq mtrs on rental for cultivation from unknown person who was acting as an owner. The said person expired as told by my grandma and since than my grandma did not pay rental to anyone. However in 1981 she came to know that the person to whom she paid rent was not owner. She started paying NA tax from 1981 on guidance of some advocate since she was unable to locate the real owner. (She is illiterate, she might be not knowing how to approach if cant locate). My father and uncle (Only two son of my grandma) also did not try to find the real owner. When I came to know all I approached tahsildar office and ct survey office gathered all information. (Zone, 7/12, Property card) Now my view is that, after so many years he did not turn up to ask who we are and why occupied his land. As Mr. Raj Kumar Makkad rightly said that this fulfills the Adverse possession of land.(i.e. possession is adverse, hostile, actual, notorious, exclusive, continuous).

Kindly suggest.....

Sam D'costa (ABC) 12 December 2009

And yes why i came to know so lately b'coz no body informed me the same and i was also too small to understand all this things. Now im 22 yrs old still studying. All in family are illiterate and hence dont know all rules and procedures.

Gundlapallis (Advocate) 13 December 2009

A fit case for claiming adverse possession.

Sam D'costa (ABC) 13 December 2009

thank you Mr. Rao Can u suggest me steps for the same..

Gundlapallis (Advocate) 13 December 2009

Here we can give only a general opinion or a gross suggestion basing on the material available in the questions. Now you knew that you have legally a chance of perfecting your title by way of adverse possession. Now you should see an advocate directly and talk to him on your necessities.

Sam D'costa (ABC) 18 December 2009

thnx mr rao....:-)

1 last query..is there any difference between declaration and claiming adverse possesion?

Gundlapallis (Advocate) 20 December 2009

Because you have adverse possession against the real owner beyond the legal limitation 12 yrs., now you ask the court for declaration of title in your name. Adverse possession is the means by which you acquire right to title over the propery.