Property Possession by Continuous usage by Non Owner - All Hindu
20-Jun-2025 (In Property Law)
In 1920 agricultural land of 23.5 acres of land held by X and his family was left behind and the family migrated to Malaysia leaving the property to be managed and used by Family A without any documentation. The whereabouts of X and family are unknown till date.A died his two son B and C they too later died being in possession of property along with their undivided family for over 50 years. In 1987 son of B ie D who was eldest alive member of joint family through deputy tahsildar were issued patta pass book for the 23.5 acres based on long term possession and usage. In 2005 a family partition settlement was executed among D and E brother ( sons of B) and his cousins ( sons and daughters of C) based on patta pass book issued in 1987 and the land was divided among family members with consent of all adult family members. Seperate survey/ patta/ chitta/fmb with sub division provided to all. Govt record updated as per family partition deed.Can we purchase land from D now any legal issue.
S.Gunasekar Advocate Answer.
Yes, you can purchase the land from D. Since:
The land has been in continuous, undisturbed possession by the family for over 50 years,
Patta was issued in 1987 based on long-term possession,
A lawful family partition took place in 2005 with consent of all adult heirs,
Government records (patta/chitta/FMB) have been updated accordingly,
There is clear title and adverse possession is well established.
However, before purchase, do verify all title documents, patta history, and legal heirship through a local property lawyer to avoid any risk of claims from unknown heirs of X.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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