property property

3 years ago

i have purchesd one kanal of land some twenty years back with proper documentation (sale deed registered in the court and revenue department and i have built a house after getting permission and NoC from the concerned departments and i am living there but now after so many years some person had file a suit in the court that he had purchased land without having possession of the land but he has a proper sale deed and he went to court to get demarcation of the land done by the revenue officials and the land was demarcated and it was found that i am not on my khasra no the case is in the civil court i dont know what to do as i am not to be blamed the on spot possession was given to me by the same revenue officials twenty years back please advice as i am spending good amount of money for no fault of mine

Kishan Dutt Kalaskar

Responded 3 years ago

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A.You may approach the civil court.
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KUSHAL KUMAR

Responded 3 years ago

A.Since the matter is already in the Civil Court, I assume that he had filed a suit for the cancellation of the instrument and declaration of right, title, and interest over the said land.
Now, since the matter is already instituted, you can also file a counterclaim seeking the cancellation of his sale deed and alternatively your interest in the property on the ground of adverse possession.
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Anish Palkar

Responded 3 years ago

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A.As you have purchased the land some twenty years back along the proper documentation and as currently you are in the physical possession of the same property nothing to worry about........... you can challenge the government if this is the right side then what have you all (GOVERNMENT) approved 20 years before ......put a inquiry into it because as per the rule, even you are followed all the standard operating procedures/ Laws and then only you have obtained the land legally and so regarding the other person who has come up with getting on new demarcation of the land it is is his problem that what the land revenue record officials had marked it 20 years before and now after 20 years that demarcation is changed they will find the solutions themselves...

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ADV. ANISH PALKAR (High Court)
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Shreesh Chadha

Responded 3 years ago

A.Your defense lies in the doctrine of Adverse Possession. If you have enjoyed possession for 12 years or more, then the land belongs to you.
You can also file counter claim declaring your title to the land through a court of law on the above ground.

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Adv Shreesh Chadha
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