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walter (MANAGER)     29 January 2011

Title of Possession

In brief the real facts are as described below :-

 

My grand father was possession of land under GENI System  from a original owner from the year before 1950 and GENI 1954 / 1955 paid by my father on behalf of our grand fathers name receipt available with us (My father says it is CHAL GENI). My father built a shop Cloth Merchant (Angadi Terige  1958/ shop tax receipt available with us and a small house to live and at the same time backyard of our house about 90 cents land my father developed for agriculture and was cultivated paddy, banana plant, Jackfruit, Mango, Coconut, Cashew trees and pepper. The House Tax (Mane Terige) receipt available (Doc – 10.pdf enclosed) with us in my father’s name.

There was an adjacent plot held by another tenant and the same was vacated by the original owner and he sold both the plots and purchased by my fathers sister & brother in-law in 1956 and they constructed their own house to our adjacent plot. In 1982, my father’s brother-in law
served a lawyer notice to my father that my father is holding 30 cents (instead of 90 cents) land as licensee and if interested to purchase then my father has to pay Rs 150/- per cent. My father replied thru a lawyer that my brother in law claimed in his notice is FALSE (both notices available). Later, he called for a meeting with 3 prominent local people and come to a conclusion that he will acquire balance land leaving 47 cents land along with the house. As agreed by local member committee and the consent of my father, he has taken possession of 43 cents land by constructing the Wire FENCE leaving 47 cents to my father. No paper evidence created for this change. But several years passed, my father requested thru the committee member to resolve the matter but failed to legalize the matter. My father’s brother-in law had PARALYSIS attack and died. Out of 3 local members 2 were died many years back. Only 1 person currently aged 80 years old stay alive.

 

Can we have a Affidavit by this person (who is alive)  that he was the witness for the decision taken in the meeting ?  (the details will be given). If  he has to be a witness at a trial or legal proceeding Whether this may useful in Legal Proceedings later incase this person cannot attend due to health or travel restrictions or if he is not alive.

 

My father’s sister is alive and we came to know that she has completed the WILL to her children. This we came to know from a witness held by our known person for the WILL.

 

Please note that we have viewed the RTC in online and found no evidence available about our HOUSE, WELL, COCONUT TREES ETC.  Is it ok ? or what action to be taken from our end.



 2 Replies

manoj (Lawyer)     31 January 2011

Very Interesting question........ full of legal intricacies

Prima Facie from your facts it is clear that the property is situated somewhere in old Travancore Cochin state in Kerala  ( because the terminology used  makes it clear)

From the facts I deduce (subject to correction)

§          that the property was possessed by your father and his Father on lease from the landlord

§          It is not clear whether your father had mutated the property to his name after the implementation of Land Reforms Act through Land Tribunal

§          From your statement it is not clear whether your brother in law has purchased the right for property including the one in your possession from the land owner

§          From the facts it is apparent that the property is in your land and continues and uninterrupted possession for past more than 40 years, and the fact that the brother in law had issued a notice in 1980's will show that you are in possession even after his knowledge,

§          I presume that your only problem is regarding lack of valid title deeds for the property

An affidavit is of no value in evidence unless the deponent is cross examined based on the affidavit. So the person making the affidavit should be alive when the suit is filed.

(PN: This discussion is based on the facts made available in your mail and this is not an opinion and this should not be adhered to for any Legal purpose)

walter (MANAGER)     31 January 2011

Dear Sir,

Thank you very much for your valued thoughts in the case. Further more,  I wish to state that the property is situated in Dakshina Kannada, Karnataka State.
 I would like to clear the flwg points:

           01.Property was possessed by my grand father on rent from the landlord from 1945 and my father was in the possession from 1954 (a rent receipt paid on behalf of my grandfather attached).

02. My father did not mutated the property to his name after the implementation of Land Reforms Act through Land Tribunal. No declaration given against Land Reforms Act.


03. My fathers brother in law  (My fathers sisters husband / my uncle) has purchased the right for property including the one in our possession from the land owner.

 

04. Yes. From the facts it is apparent that the property is in your land and continues and uninterrupted possession for past more than 60 years, and the fact that the brother in law had issued a notice in 1982's will show that you are in possession even after his knowledge.

 

05. Yes.          our problem is regarding lack of valid title deeds for the property becoz my uncle swear the God that he will transfer us the title deed for the land occupied by us but without doing so he is died long back (14 years back) and now his wife (my father sister) executed the WILL to her 5 children.

 

06. RTC refers no evidence of our HOUSE, WELL, COCONUT TREES, MANGO TREES ETC. What can be done here ?

 

07. AFFIDAVIT - In case if we go  or our Opponents go for legal in future. Becoz the witness who was in the meeting is the only one alive and he is in the age of 80.

 

Hope the above clarifies your doubts.

 

Awaiting your valued suggestions.


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