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Illegal encroachment on ancestral property


07-Oct-2023 (In Property Law)
Our ancestral properties (lands) were lying vacant since 80 years, but recently we came to know most of the land illegally acquired by few people 15 years ago and houses built on it. And the land which I have mentioned above is on my great grand father`s name and we have not mutated those lands in our names in revenue records until now. Is it possible to get those lands back or any compensation ? Please kindly help us with your advice. Thanks & Regards
Answers (2)

Answer #1
571 votes
The statutory period of limitation for possession of immovable property or any interest therein, as stipulated in section 65 of Limitation Act, 1963, is 12 years in case of private property and 30 years in case of Government/state/public property from the date since the trespasser adversely possesses the property of the true owner. However, in certain cases the limitation period is suspended and is not taken into reckoning for the calculation of the statutory period, such as when there is pending litigation between the claimant and the owner over the same property; where the owner is of unsound mind or “Minor” or where the owner is serving in the armed services.

Answer #2
520 votes
Hi,
You have not mentioned why you have not changed the name in records by entering your names in relation record of right, give an application before concerned rdo to change the name in records and then later can file for recovery of possession with declaration suit. Call us through website for assistance

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