Uninterrupted possession for 70+ years under kul kayda


Hi,

My Grandfather had purchased the property from A women in 1947. At the time of purchase women mentioned only one survey number. However recent survey conducted in 2019 that property had 3 survey numbers
Also at time of purchase Women mentioned survey no will be corrected if any mistake.
Now in 1967 that women gifted the property to her long relative which had those 2 survey numbers and now she is not in this world.
Now her relative has approached us in 2019 and he sent notice to demolish our house.
We were having some plantations on that land from 1947 and also small area for bullocks and small rooms. Later on we build a full multistorey house here in 2014 along with some coconut plantations
The Land is still an Agriculture land.Also in 2019 we had filed suit against him under Kul Kayda.
My question is how can we claim that now land is ours and he cannot demolish or dispossess us
 
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Lawyer

It would be appropriate to consult a local prudent lawyer for appreciation of facts /document, professional advise and necessary proceeding.


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Retired employee.

"My question is how can we claim that now land is ours and he cannot demolish or dispossess us  "

First be confident that only the survey number is not important, and the extent is also important.   The revenue records confirm your mutation on the property over 12 years and tax paid receipts on property

When the property is under your occupation, the other party can only demolish or take possession through process of law after  issuing suitable notice.

Cross the bridge when it comes.  Let the other party issue a legal notice and then approach to a competent local advocate for befitting reply and then defend the case when the other party files a suit for possession.


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LEGAL

You have been in peaceful posseion for long so many years so you are owners in prescripttion, just  forget they cannot do anything.


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My Question is how do you prove that you are peaceful possession
 
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Produce your records such as TLR Survey map,(oldest) Light Bills-Telephone bills- Property tax Receipts, Sanctioned Building plans before the court through a local advocate if the matter goes in in the court, Rightnow, Just give notice to reply through advocate.

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If the first sale process is legally valid then second gift (may it be registered or unregistered) invalid in the eyes of law.. Law of adverse posession ground will be taken as last resort. First, they need to prove the first sale in 1947 is invalid as the deed of gift in 1967 is a subsequent event.. Best love, Shankha Maity, a counsel of High Court, Calcutta. 🙏🙏

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first of all how could you build multistorey house on agriculture land ? and to build house on that said land you must first convert the agriculture land into non-agriculture one.
 
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Get an stay order within your jurisdictional court for not disturbing your peaceful possession of your property with your Sale deed document along with your other possession documents.
 
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You may file a title suit against the other person claiming title to the property and praying for permanent injunction on dismantling the property on the premise of the original sale deed and its contents, the notice sent by the other person and other property documents showing peaceful and uninterrupted possesion for last 70 years or more. Then you can file an Interim application for injunction on the said notice. Even if they have a better title to property on the basis of documents you can pray for ownership by adverse possession by the virtue of continuous and peaceful possession of the property for more than 12 years.

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