Civil
3 years ago
Sir, my father purchased land in 1972 on bond paper it was not registered, and cultivated 5 yrs and paid property tax also but now that land went to other hands now what is the legal opportunities, give me a best advice
A.You must claim adverse possession and also as title holder and try what happens.
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Adv. Anita Kadu
Responded 3 years ago
A.On the basis of bond, you can suit for specific performance of contract. However, question of limitation will involve.
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A.Hi
Since the land was in your possession from the year 1972, in law it is called adverse possession. So, your father can always file a suit for declaration of title by way of claiming adverse possession. You should contact a lawyer and ask him to file a suit for declaratory title.
Since the land was in your possession from the year 1972, in law it is called adverse possession. So, your father can always file a suit for declaration of title by way of claiming adverse possession. You should contact a lawyer and ask him to file a suit for declaratory title.
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Sidhaarth
Responded 3 years ago
A.What is the proof that land belongs to your father and that he cultivated for five years? What was the position after 1978? If you can establish your title over land then approach court and file suit for declaration seeking cancellation of sale deed and possession and permanent injunction.
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A.1) As your father had purchased the land in 1972 on the bond paper and it is not registered but it is valid. If you are having all the tax paid up till late off of July 2020 then the land by default stands in your father or your family name.
2) So nothing to worry about if somebody has encroached your land means if somebody has taken away your land forcefully or somebody else is having built up something on your land we can issue them a legal notice and approach the court to vacate the encroachment.., as entering into your land without proper documentation is illegal
3) so as a son you have all the rights of your father's land which was purchased in 1972 and we can vacated under the Section 441of trespassing act into the private land.
Section 441 in The Indian Penal Code
Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
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ADV. ANISH PALKAR (High Court)
2) So nothing to worry about if somebody has encroached your land means if somebody has taken away your land forcefully or somebody else is having built up something on your land we can issue them a legal notice and approach the court to vacate the encroachment.., as entering into your land without proper documentation is illegal
3) so as a son you have all the rights of your father's land which was purchased in 1972 and we can vacated under the Section 441of trespassing act into the private land.
Section 441 in The Indian Penal Code
Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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Vishal Saxena
Responded 3 years ago
A.File for suit for recovery of possession at the earliest
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