PATRIMONIAL LAND DISPUTE
18 Nov 2013, 10:45
Hi,
I have a patrimonial piece of land in Haryana. In 1985 my father came to Delhi and we settled down here only. Now in 2013 my father had expired after a long fighting with brain tumor.
After my father, I went to my native place to occupy my land, which was used by ym uncles on an mutual agreement with my father. But they refused to give possession of the land to me.
Now I am thinking about the possibilities to file case against them.
Is it possible to file a case against them and its very difficult for me to go to my native place for court hearings. So is it possible to file a case in Delhi although the disputed agriculture land is in Haryana.
2 Replies
In this case your uncle is in permissive possession of the land as is evident from the land being occupied by your uncle as a result of mutual agreement with your father. My understanding is that adverse possession operates on the basis of Articles 64 and 65 of the Schedule to the Limitation Act. Essentially, when a person illegally dispossess the rightful possessor, and continues in open, peaceful, and continuous possession (which is adverse or hostile to the possession of the true owner) for a period of 12 years (the limitation period for filing suits for possession), he can claim that he has a better title due to adverse possession.
However, permissive possession has been accepted as a defense to such a claim previously. [See, Mohan Lal v. Mirza Abdul Gaffar, (1996) 1 SCC 639]. This seems to be the case with your property.
The disapproval of adverse possession law was further strongly re-iterated by the Supreme Court in Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan and Ors, [AIR 2009 SC 103].
Hope you find the above information to be of some assistance. Since, time may be of the essence in this case you should seek professional advice and services on this matter. You should check www.lawkonect.com which provides legal advice and services at a very reasonable price and also, makes available the legal practitioners as per your desired specifications.
hello I required some help regarding a property which my Father buys in delhi west, my father buy the property in 1989-90 it was a plot, and we have possession of that. the problem is that at that time my father will don’t make its registery , he just make a sales deed on stamp paper. we have all orignal documents regarding this land and also have possession from that day, now after almost 20 year I also try to come in contact with the person from which we buy that, but I m unable to come in contact as told by othes he leaves Delhi in late 90 and now I m unable to contact them. now I wants to make its registery and make that work fully legal and risk free plz tells how its possible,