Farm land partition
5 months ago
My grandfather was using a farm and cultivating it for more than 40 year but there was two owner (shamilkhata ) until my grandfather was alive the second owner means my relative haven't ask or raise any questions but now they are saying the possession of land also belongs to them
A.Dear Client,
Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished.
Reach out to an Advocate for guidance and steps
Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished.
Reach out to an Advocate for guidance and steps
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A.Dear Client,
Start by gathering all relevant property documents, such as sale deeds, mutation records, land records, and any other documents related to the land. These documents may help establish your grandfather's legal right to the property. The fact that your grandfather cultivated the land for more than 40 years may be considered as evidence of his possession and claim to the land. If there are witnesses who can attest to this, it can strengthen your case.
Start by gathering all relevant property documents, such as sale deeds, mutation records, land records, and any other documents related to the land. These documents may help establish your grandfather's legal right to the property. The fact that your grandfather cultivated the land for more than 40 years may be considered as evidence of his possession and claim to the land. If there are witnesses who can attest to this, it can strengthen your case.
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A.Dear Sir,
You may file suit for permanent injunction and thus protect your possession. If advised after seeing the documents by your advocate you may also file a suit for declaration saying that you have perfected your title to the land by way of adverse possession.
You may file suit for permanent injunction and thus protect your possession. If advised after seeing the documents by your advocate you may also file a suit for declaration saying that you have perfected your title to the land by way of adverse possession.
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