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Kulwant Mallhi   20 June 2018

Dispute in between two parties on Possession of a private land due to non vailabilty of any legal heir of the said land.


My grand father (at present no more) was in possession of an agricultural land which was gifted by the real owner to my grandfather verbally. The land was further passed to my father (presently no more) as a propertywithout any paper work. Now a party has come up and says that as per the Girdawari this land belongs to them. We r totally blank as we never thought of such situation. Kindly help. This land is in our possession since 1950 and we used it for agricultural purpose only. We have constructed an underground concretedrain with a xoncrete outlet.


 3 Replies

Raghav Arora   20 June 2018

Hi! Thanks for the question!

This is a very good case if you are a defendant. Do not file a suit from your side.

Let the person contest and prove that what evidentiary documents does he possess which can prove that he is entitled to the property and where has he been for such a long time.

Even if he produces some documents, Section 65 of Limitation Act of 1963 will help you here to oust the claimant. The section holds the Law of Adverse possession wherein if you are in uninterrupted and peaceful possession of a property for more than 12 years straight, then the real owner loses his right by virtue of inaction.

Good Luck! 

G.L.N. Prasad (Retired employee.)     20 June 2018

Ensure that entire Revenue records like tax paid receipts, and your name is incorporated as possession and enjoyment, and if opponents try to grab, file a police complaint.

It is very difficult to oust you from your possession for other party, and they have to pay court fee at market value to contest for a decade with expenses and the law is in your side.

1 Like

Kulwant Mallhi   20 June 2018

Thankyou sirs

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