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Nikita (Chiplun)     13 July 2011

Possession for 50 years

Dear Sirs,

My father is cultivating a land which is in  the name of  other person and adjacent to that there is a land owned by our family. Both the lands are in our possession for last 50 years. Now the owner of the other land sold that land somebody else who is not aware about our possession.   Purchaser took possession of some other land and after 3 years he identify the land he purchased,(land in our possession). This happened because the seller shown him some other land.

Now after 3 years as he approached us we come to know that the land is sold to somebody else which is in our possession. I got all documents for last 60-70 years and that to my surprise the land is belonged to our family in the year 1950. Thereafter no one knows how the title change and it got transferred to somebody else which contined till sale of the land.

My question is that can i prove my title over the propety though i did not got my name mutated in record of right or any other document? After lapse of 50 years whal will be the problem to prove my title over the property ? (Im in possession since long back of 60/70 yrs as i told.)

Thanking you in advance.

 4 Replies

Iqbal A. M. Shaikh (Advocate)     14 July 2011

You first get all the records of right through RTI from the Tehsildar and ascertain the title of the land.  Once the title is known then you can appoint some local lawyers who is good with revenue department and follow the matter

kumar (NIL)     14 July 2011

Dear Nikita,

I just need some details about the property.

1. Who is actual property owner for the both lands and what is relation to you with that Owner?

2. What is the relation to you with the other person & Does the other is having any documentary proof, that the land is belong to him/her?

3. Is that a agricultural land or else open land !

4. Do you have the property tax receipts from past 50 or 60 years! If you have the same with you please check the property owner name in that receipts.

5. If Possible try to take Encumbrance Certificate from past 50 or 60 years to till date !!!!!!! (there exactly you can find the property chain and the owner of the property)

6. Try to find out the following details as wel.......

     A. Is still the actual propety owner alive, if not find out does she / he given any will to any one....

     B. Does her / his Legal heirs got any intimation about the property ! (chek the legal heir certificate / family member certificate of the actual property owner)


Find the these details and let me know...... And there is apsolutly no problem if anybody sold extent of land..

Thnx & Regds



Your query is not clear. The following clarificatons are necessary to answer it :

1. How your father came into possession over the land owned by some other person ?

2. Do you have any proof of possession over the land for the past 50 years ?

3. Whether the other land owner is your relative ?

4. Whether the other land owner resisted when your father took possession of the said land before 50 years?

5. Whether the other land owner has any documentary proof that the land belongs to himr?

6. Is it an agricultural land or else open land ?

7. Whether the land is situated ?

P V Namjoshi (     17 July 2011

Please let us know which law of the state applies.

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