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Agricultural land occupied, how to take legal action
20-Oct-2023 (In Property Law)
Hindu Religion- in the absence of original owners, the villagers occupied the land and constructed pucca houses and obtained H.No.s. since 15 years, the original owners came to village and shocked to see the land occupied by others. How to recover the said land, where to approach what type of petition to be filed.
You have to file suit for declaration of title and recovery of possession also mandatory injunction of dismantling structures in your land. The suit has to be filed within three years from the date of knowledge of the encroachment and construction in your land (as you say you are absent from village since long time). Remedy by the way of declaration suit is available if you have no knowledge of the same else the other side may come up with plea of adverse possession. Well it all depends on the real facts and circumstances of the case and the law applicable to your case.
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Adv. C Hari Prasad
Nizamabad | 100+ Answers
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How do you prove possession of agricultural land?
Certificate of Land Possession
Letter of land allocation
Sale Agreement
Ownership certificate
Mutation certificate.
Tax receipts (paid).
Can I claim property after 12 years?
In court, a person who has occupied a property for over 12 years will get favored, and not the owner. The law is called adverse possession. Learn how adverse possession works in India, and how you can file a claim.
What is the 12 year adverse possession rule?
A person could claim ownership if they have lived in a land parcel without a title with the consent of the owner for 12 years. The principles of adverse possession are outlined in Article 65 of Limitation Act.
What is the Supreme court judgment for adverse possession?
The Supreme Court, relying on the case of State of Rajasthan V. Harphool Sing (2000) 5 SCC 652 opined, that when the land disputed, claimed through adverse possession, belonged to the government, then the Courts inquiry must be more thorough and effective.
Sir/madam, Possession is regarded as 9 points out of 10 in law.Hence, immediately file an Injunction suit with all relevant documents. However you need to satisfy the aCourt for ur inaction since many years.
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Hi,
You have to file a case for recovery of possession to the people who are occupied in the property. Is the property registered or it is a patta land and the case has to be filed in the court were the property is situated. Call us through website for assistance
You have to file a case for recovery of possession to the people who are occupied in the property. Is the property registered or it is a patta land and the case has to be filed in the court were the property is situated. Call us through website for assistance
Helpful?
20+
20+
Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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