Upgrad LLM

objecting possession in govt land


Hi Sir/Madam, can you please help me on below query.
My uncle is enjoying some piece of govt land from very long back(1970) by removing some land slides in it. Now, some people are objecting him while doing agricultural works by saying that the piece of land belongs to them and govt gave patta to them. My uncle don't have any documents in that survey number but adjacent survey number belongs to my uncle.

How can my uncle hold that land and solve problem?

Note: The land is situated in Chittoor, Andhra Pradesh and that survey number also present in prohibited properties in registration office. If you need any further info, please let me know.

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Advocate

Has your uncle your uncle been paying any rent for the use of land? If not, he can file an action based on his claim for adverse possession. It is necessary that a Notice in accordance with Secion 80 of the Civil Procedure Code needs to be served before proceeding to file a civil suit against the Government.

So also, please ascertain whether any patta has been granted for the land, as stated.

 
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Lawyer

Your uncle may be advised to file a suit for declaration of owner of the property on the strength of "adverse possession" and cancellation of documents (patta) stated to have been obtained/ created by some other claimants, through a local prudent lawyer if he is cultivating the land since 1970

 
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Advocate

There is no legal basis for the above opinion posted by Mr. Om Prakash. There is no limitation when the cause of action is continuous.

 
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Retired employee.

Adverse possession is that which is known to all that the land is not belonging to that man who possessed and enjoying the land. and that the land belongs to some other. Contact a local advocate, and file RTI application seeking a google map of that area if available with revenue dept., at least 15 years back, and copy of pasta granted to the claimants.  At any cost do not part with possession and let them come with their stand with documents that establish their rights if any like Revenue records, tax paid receipts, etc.  In most of the states, there is a practice of preserving such google maps taken every year for that area.  I am aware but do not know how it is done, get such information by contacting a revenue official and also get any such record that shows the disputed land in your name in any registered document of sale deed in possession of others on that date.

 
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Lawyer

Dear Mr. Om Parkash,

As stated by author her uncle is in occupation of "government land" since 1970, what is your query qua title of the land under cultivation ? What do you propose and advise to seek information via RTI application? What would you like to do for a google map of the piece of land which is in the possession of her uncle as there is no ambiguity?

As per query of Ms. Manju "some" outsiders claiming to be owners are objecting to the occupation/ possession of said "government land". on the strength of "patta" issued in their favour. However, the person-in interest (uncle of author) is having document of adjecent land/ survey number but not of that particular survey number, which he is cultivating since 1970..

It would be better to give some help to the author for specific question, if you can contribute.

 
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Thank you for your valuable answers.
@Dear Om Prakash, can you please let me know answer this query.
The land belongs to Govt land and my uncle enjoying it from more than 50 years. He invested more than 5 lacks to remove land slides(its exists so many rocks erlier). Now some outsiders(they are not from adjacent land also) saying that govt gave patta to them. Is it legally correct govt giving patta to others(others means who is not doing any cultivation there)? if yes, how my uncle can recover invested amount?
it's correct that my uncle don't have any documents other than 50 years possession.
 
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