Can the land owner ask for past yield of the land?
2 years ago
After the death of my brother 5 acres of land has been transferred on revenue records to my sister in law. However she didn't take care of this land for the last 8 years due to family disputes. It was under my possession and l got the land tilled and took the yield. She is now going to sell this land for which I don't have any objection. My question is that can she now ask for the 8 year yield which I got for the last 8 years. Since she didn't take care of the land I tilled and claimed. How can I face this legally if she asks for the yeild.
A.Looking from the angle of equity and justice if she files a case and it the court has to decide then there will be a probability that you might have to share some portion of the yield/revenue generated out of the crops with her.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If a rightful owner of an immovable property fails to take action to get back possession within the limitation period then his rights are lost and person in possession acquires an absolute title. But if she does move the court to ask for past yield, then there is high probability that the revenue will get split.
If you find my answer helpful then kindly rate me.
If a rightful owner of an immovable property fails to take action to get back possession within the limitation period then his rights are lost and person in possession acquires an absolute title. But if she does move the court to ask for past yield, then there is high probability that the revenue will get split.
If you find my answer helpful then kindly rate me.
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A.Hi,
The whole event is contingent since it is not decided whether your sister-in-law would ask for the yield or not. However, she is bound to do this within 12 years otherwise it would be affected by the limitation period. She can claim for the revenue but you can show proof that you have invested by yourself.
If you find my answer helpful then kindly rate me.
The whole event is contingent since it is not decided whether your sister-in-law would ask for the yield or not. However, she is bound to do this within 12 years otherwise it would be affected by the limitation period. She can claim for the revenue but you can show proof that you have invested by yourself.
If you find my answer helpful then kindly rate me.
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Vaidehi Samant
Responded 2 years ago
A.She may ask and may be liable to even sue you but she doesn't have the records of the yield and amount you owned from it, hence on what basis will she claim and even if she does I believe you can negotiate with her and settle this matter amicably maybe part of the yield a small one you may offer her claiming that rest belongs to you because you took care of the land for years and that the decision of the Court lies in her favor which you have accepted out of respect which otherwise could have appealed in the superior Court. Thank you.
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If you have found this answer helpful than provide review and give ***** as appreciation.
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Sidhaarth
Responded 2 years ago
A.Yes, she can claim fee which may be in the form of licence fee for permitting you to use the land but such claim cannot exceed last three years. Any claim beyond three years would be barred by limitation.
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Advocate Sudhanshu Audichya
Responded 2 years ago
A.Bare reading of your question makes it clear that your brother died and land of your brother is transferred to sister in law as heir. You held and cultivated the same land which is owned by your sister in law. Legally & logically your sister in law is entitled to receive all the earnings out of the cultivation which you did. However it is not appropriate for me to go into merits without having complete detail hence I will advise you to consult lawyer & disclose complete detail so that you will get exact advise as in lack of complete information it is difficult for me to advise.
Hope you are satisfied with my response.
Best Regards
Advocate Sudhanshu A. Audichya
Hope you are satisfied with my response.
Best Regards
Advocate Sudhanshu A. Audichya
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