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Arvind (Executive Director)     03 January 2014

Lease land to claim ownership

A person is looking after an agriculture land for 20 years. He is paying property tax and electricity bill in the name of original owner. According to him, the land owner is no more alive, no one came to claim it. The land is under his possession for two decades, no records available to prove it. He is having the original land tax receipts paid in the name of original owner.

Kindly suggest how he can claim it to get loan from government for land development and agricultural activities?

ARVIND

Email: ngoconsult@sify.com



Learning

 8 Replies

adv.raghavan (Advocate,9444674980)     03 January 2014

Go for RTI collect all revenue records and the lodge a complaint against the person under IPC for trespassing.

Biswanath Roy (Advocate)     03 January 2014

The present occupier himself admitted that he is not the owner of the land in question as he deposited land tax, electricity bills etc. in the name of the owner..

If the owner is dead his successor in interest after collecting documents from the office of Revenue records,succession certificate granted by the court, and all other prescribed documents for loan can proceed with.

K.K.Ganguly (Advocate)     03 January 2014

1. Thre present occupier is not the owner of the said property,

 

2. He can not claim it's ownership  & get any loan ralating to it.

T. Kalaiselvan, Advocate (Advocate)     03 January 2014

Since he is not the owner, he cannot get loan on the basis of somebody's property in his possession. He can obtain loan for development of agricultural activities on the basis of revenue records on his name on the subject.  The village revenue authority will be able to solve the issue.

Adv Akhtar Ali Sheikh (Property Law Consultant)     03 January 2014

He won't get loan. 

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     03 January 2014

BANKS WOULD NOT GRANT LOAN FOR SUCH LANDS, WHO DOES NOT POSSESS A VALID MARKETABLE TITLE

Advocate Ravinder (Advocate/Attorney)     04 January 2014

You have three options to get the land on your own name. (1) You have to claim adverse possession, but the fact of you being in possession for long 20 years should be in the notice of the legal heirs of the owner of the land, so the chances are bleak as the legal heir may object for the same (2)  another option is to file declaratory suit in the concerned civil court making the legal heirs as parties.  If the legal heirs do not claim the land, you can claim your ownership (3) From time to time the State governments have been making laws for the welfare of the farmers basing upon their long standing as cultivators.  By these laws also you can become owner upto some extent in the land.  For example in Andhra Pradesh there is an Act Protected Tenancy Act by which the farmer who is cultivating the land of the owner for a considerable time, will get 60% of the land and the original owner will get only 40% of the land.  If your case falls under this category you will definitely become the owner.  The land matters are very complicated, hence I advised you to appoint any experienced lawyer who have knowledge in land matters.

Rutumbhara Nayak (lawyer)     16 January 2014

Dear Arvind- The present occupier is not the actual owner of the said property, even though he he has deposited land tax, electricity bills etc. in the name of the owner.He can not claim the ownership of the land & get any loan on to it.Banks can grant loan by a receiving a valid title deed of the property as he is not having the title deed of the property he cannot establish a loan on the property.Another option is to file declaratory suit in the concerned civil court making the legal heirs as parties.If the legal heirs do not claim the land, you can claim your ownership It is better you you contact the Revenue Authority to get the best response to this query. Rutumbhara www.lawkonect.com 09555 507 507


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