Party to dispute (Respondent) was inam land holder (got land from Govt.) but they didnot get occupancy rights certificate from government then, thereafter sold to us via registration in 1960s/1070s [sale was registered]. We also didnot apply for occupancy certificate but before the suit we got occupancy certificate but respondent got it cancelled via suit and they got the occupancy certificate. Being a law graduate my law point is that we are in possession for min 12 years if property is pvt. and 30 years if property is govt one [adverse possession contention]. But in this dispute Telangana HC's division bench ruled in favour of respondent. Kindly tell me whether can we file a curative petition or any other to contest the division bench ruling with adverse possession argument. Tell me the proper law in this case and correct me if I am wrong dignitaries.
Note:
1. We are only in possession since 1970s.
2. Suit filed by respondents after 2005 only.
A.your possession over a property for years cannot confer you any title or right to said property when a Sale deed is executed in the absence of an occupancy certificate which was already set aside on contest by the Respondent before the suit and got it issued in his favour,
Adverse Possession of the property may not hold good when such possession is acquired in the absence of an occupancy certificate post registration which was not procured over the years and considering all these points into consideration DB of HC has passed the order in favour of Respondent.
You may certainly file a revision/curative petition against the order of DB and if such petition is allowed you may argue the matter citing precedences of adverse possession for a favourable order.
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
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