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Taking care of property from last 40 years how can we claim it
07-May-2023 (In Property Law)
We're taking care of a land from past 40 years. Now the landowner is threatening us to take back the land, He gave us without enforcement. We've no legal papers of it. The land is still barren, We took care and didn't used it in any incorrect way. Please help us to keep the land. My uncle was also the partners with the landowner.
Frankly speaking , you have no right over the property. Mere use or taking care of property does not entitle any person the ownership. If you do not vacate the property, the owner will lodge a complaint against you and if he goes to the court and impleaded you as a defendant. You can say that property is under your custody since such and such period. The law of adverse possession will be applicable in that case. But it has a limitation that you can't file a case or claim ownership on the basis of adverse possession. You can get the property only when you are able to satisfy the court that the property is under your possession and other person have no valid legal documents. You should hav some documents which show that the property is under your possession for 40 yrs. You are enjoying the property since then. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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Can the legal heir certificate be misused?
The court will usually issue a succession certificate in favour of the petitioner if it doesnt hear many arguments. In order to protect the court in the event that the certificates are mishandled, judges will often require petitioners who receive a succession certificate of this type to sign an indemnification agreement.
Is Aadhaar card mandatory for legal heir certificate?
If the spouse is still alive, you must provide an Aadhaar Card, a marriage certificate, a passport or a voter ID card. If the parent dies, the child can apply. If the applicant was born, an Indian birth certificate/Aadhaar/passport/transfer certificate of the applicant should be provided.
As you mentioned that you are a care taker of a property and that property is barran than how you will proof that you are in possession of that property since last 40 years.
If you have any proof regarding the same then only your rights can be save.
Kind regards
If you have any proof regarding the same then only your rights can be save.
Kind regards
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Adv. Anand Verdhan Maitreya
Delhi | 100+ Answers
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I would require more information and details to answer your query. As for your possession of the land is concerned, I would require some sort of proof to show that you are managing the land for 40 years - such as any water/electricity bill/rent of property of that address in your name or any sort of documentary proof. From what you state, adverse possession is a plea that could be taken but that not so easy to prove in Court. Hence, I would have to reconfirm the applicability of adverse possession to your situation once I peruse the papers and ask you questions to develop more information on the same.
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Adv. Shriya Maini
Delhi | 25+ Answers
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Ys u can claim it if u have adverse possession wothout the permission of the landlord. It is depend of u to proof that u have adverse possession of property. If u cannot proof adverse possession than u can not claim. Than u can claim that u are a tenant. It is better option to u.
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Adv. Sachin Kumar Jain
Delhi | 25+ Answers
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