after-how-many-years-the-owner looses possession-of-theagricultural-land to tenant farmer
1 year ago
I have an Agricultural land which is being cultivated by the tenant farmer. After how many years of continuously cultivating the agricultural land the tenant farmer gets possession right. I have read in the news paper it is 12 years for an immovable property and In one movie 8 years has been mentioned. Could anybody please give me clarification on this, please ?Does anybody have an idea how many years in Andhra Pradesh ?
A.Dear Sir,
You have misunderstood the fact. The tenancy law is no more in existence. If anybody in possession of any agricultural land and if there is no agreement between landlord and person in possession of such land may claim adverse possession. If tenant has executed lease agreement he cannot become owner even if he continues for 50 years.
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ADVERSE POSSESSION
There are many judgments and the recent one is as follows:
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Protest within 12 years or lose property to squatter
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ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.
If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.
A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.
However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.
This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.
Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”
You have misunderstood the fact. The tenancy law is no more in existence. If anybody in possession of any agricultural land and if there is no agreement between landlord and person in possession of such land may claim adverse possession. If tenant has executed lease agreement he cannot become owner even if he continues for 50 years.
==================================================================
ADVERSE POSSESSION
There are many judgments and the recent one is as follows:
======================================================================
Protest within 12 years or lose property to squatter
======================================================================
ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.
If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.
A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.
However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.
This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.
Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”
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A.Dear client, in my humble suggestion, since land is a subject of the state, it is better to consult a local attorney who is proficient in handling these matters.
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