Land Dispute for a land bought before 40 Years.
3 years ago
Hello Sir/Madam
i had bought a agriculture land in Kerala before 40 years. After that. i moved on to work in TamilNadu and settled there.
my mother and my brother were taking care of my property. After my mother passed away and lateron i wanted to settle in my hometown near my land. my brother refuse to give possession of my land threatening that it belongs to him as he was taking care of it for 30+ years.
1)Can you please advice to me whether is it possible for me if i can take legal action against him(my brother)?
2) will there be a problem of Adverse Possession Law because i had not claimed the land for many years as my family was taking it care in my absence for 30+ years.
Sourav Mukherjee
Responded 3 years ago
Advocate Niyas Fazal A
Responded 3 years ago
There are technical difficulty but you can approach to court in this regard.
There limitations period 12 year, if he paid land tax in his name for more than 12 year the limitation period will bar unless until you have to prove strong reason for delay.
I hope you will get your property.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You may file a suit for declaration of title over the property, if you are the legal owner of the property.
It will be beneficial, if you have all the documents of the property.
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You may file a suit as you are the legal owner of the property. You may put forth all the documents of the land before the court.
Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations
However, the rest will depend upon the discretion of the court.
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DIYAVARHUSSAIN SHAIK
Responded 3 years ago
As per your inputs the property had bought by you from your earnings, on your works you have moved to Tamilnadu, now you wish to go back and get the possession of the same,
Issue a legal notice to your brother that he have no valid title, he has been working over that only on your permission, later file a petition in the court praying to grant injunction against him and his associates to restrict them from entering in to your own land. deal the matter legally with all available legal measures with you
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