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Md Shadab Ansari (Law Student & Human Rights Activist....)     27 March 2009

How to get the land in my name by Adverse Possession?

There is a land in our possession for last 25 years without any interference? How to get it in my name??Please give the details....

Thanks in Advance



Learning

 15 Replies

Y V Vishweshwar Rao (Advocate )     27 March 2009

Mr Ansari !


Please give furhter details ---  how you got the possession under what docuement  or it is lease or permissive possession or otherwise ?--  is not clear


It is mentieodn in Your query that the land  is in your possesion since 25 years , the saem can not be  disturbed with out due process  of law .


 

Md Shadab Ansari (Law Student & Human Rights Activist....)     27 March 2009

The land belonged to no one..It is beside our house...it was a unused land which is in our possession more than 25 years.

Swami Sadashiva Brahmendra Sar (Nil)     28 March 2009

when land belonged to no one , definitly it belongs to State. you can not claim adverse posession against state.

1 Like

n.k.sarin (advocate)     28 March 2009

In my opinion A property can not remain without Owener.Hence you must know who is the actual owener of the said land, if some one private,you got declaration of title by adverse possession.If you say land belong to no one then Dr. Tripathi is  RIght, definitly it belongs to state and you cannot claim adverse possession against state.

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     28 March 2009

thank you mr. sarin for approving my opinion.


 

Md Shadab Ansari (Law Student & Human Rights Activist....)     29 March 2009

Thank to all of u providing the info....

Ashey   01 April 2009

verify the revenue records to ascertain who is the owner of the land

Ashey   01 April 2009

if your in possession of a government land for a long period of 30 years .... at the time of eviction you can claim compensation

1 Like

Ashey   01 April 2009

are you paying any tax or charges for the land  ?

Ashey   01 April 2009

adverse possession can be used only as a defence shield .. you cannot transfer the property to your name using adverse possession

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 April 2009

"Md Shadab Ansari" :
You may use the following procedure to get the AGRICULTURAL land in your name.
1. Approach the Land Revenue Dept, and apply for a Land survey of the particular plot.  You should be having the plot no. or the survey number of the other plots adjacent to the land in question.
(i.e. survey no. of the east side of the land, west side of the land, south and north side of the land)
2.  After getting the survey report of the land, which will give you land size & dimensions, land owners name, land taxes, land type etc...
3.  Pay the Land revenue Tax of the land for the last 25 years and ask the revenue officer to put your name on the receipt as the "payer" of the taxes. The original land owners name will also appear in the receipt.
4.  After above procedure, wait for one year,  again pay the land tax for one year.
5.  After above (4)  make an registered affadavit that you are in possession of the land for last 25 years and you have paid the land revenue tax for the last 26 years.
6.  Alongwith the affadavit, survey report and tax receipts, make an application to the revenue dept, informing them that the original owners are not traceable and to include your name in the column called as "other holders",   which is usually on the middle right portion of the 7X12 extract of the land records.
The land revenue officer will do it officially, maybe he may want some unofficial consideration.
7. After above, wait for 12 years, but pay the land revenue taxes each and every year and obtain the 7X12 land extract of each and every year, around april month.
8.  Armed with 12 years of 7x!2 land extract, (which now mentions your name as "other holder"),  prepare another affadavit stating that you are in lawful possession of the said land.  Make a fresh application that the original owners are not tracable and presumed dead since last 40 years.  State that you are paying the land revenue taxes for the last 40 years.  State that the original owners name may be deleted and the names under the "other holders"  may be bought under the owners column.
9.  A public notice to the affect may be called for by the revenue dept and on receiving no objection from the public, the land revenue dept would change your name from the "other holders" column to the owners column, AFTER receiving appropriate land consideration (not taxes) prevaling at that time.

Above involves time, patience and misc. monetary considerations to be paid here and there.

Keep Smiling ... HemantAgarwal (09820174108)

1 Like

yogesh (adv.)     18 April 2009

land of state can also claimed as adverse possession if possession for more than 30 years.

 

yogesh (adv.)     18 April 2009

one important thing mr. ansari,as  u r human activist u shold not take other persons right of property,please find who is true owner and give him ack his property,and if this is governments land u should not take possession of that land.

BIBHUTI BHUSAN PRADHAN (ADVOCATE)     11 October 2009

A person can claim perfection of his right, title and interest over the State land by way of adverse possession  if he ables to prove all its ingredients.-Bibhuti Bhusan Pradhan,Advocate,Keonjhar Bar Association, Orissa.

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