Property dispute.
5 months ago
My property was ancestral and mutation process was completed by my father during 1986 with the help of tahasildà r to get name on my share on RTC and other related certificate.since from 1986 I am getting RTC holding certificate on my name. Now my sisters are forcing me to vacate the agri land.Since 1986 I am cultivating tha land.Since from 2019 the partition suit case is pending in senior civil court. Now they are forcing me to vacate the agri land. Kindly advise me whether they are legally threatening or illigagally sir. What is the legal process to stop them . Kindly advise me I m frm karnataka.
A.Dear Client,
Given that the mutation process for your ancestral property was completed in 1986, with your name appearing on the RTC and related certificates since then, you have a legal standing as a rightful owner. The fact that you have been cultivating the land since 1986 further strengthens your claim. The pending partition suit case in the senior civil court is indicative of ongoing legal proceedings to resolve any disputes related to the property. If your sisters are attempting to force you to vacate the agricultural land despite these circumstances, it could be considered legally questionable. To address this situation, it is advisable to consult with your legal representative involved in the partition suit. They can guide you on the necessary legal steps to protect your rights, possibly including obtaining injunction orders to prevent any unlawful dispossession. Engaging with your legal counsel promptly and presenting your case in the ongoing court proceedings will be crucial in safeguarding your interests in the ancestral property in Karnataka.
Given that the mutation process for your ancestral property was completed in 1986, with your name appearing on the RTC and related certificates since then, you have a legal standing as a rightful owner. The fact that you have been cultivating the land since 1986 further strengthens your claim. The pending partition suit case in the senior civil court is indicative of ongoing legal proceedings to resolve any disputes related to the property. If your sisters are attempting to force you to vacate the agricultural land despite these circumstances, it could be considered legally questionable. To address this situation, it is advisable to consult with your legal representative involved in the partition suit. They can guide you on the necessary legal steps to protect your rights, possibly including obtaining injunction orders to prevent any unlawful dispossession. Engaging with your legal counsel promptly and presenting your case in the ongoing court proceedings will be crucial in safeguarding your interests in the ancestral property in Karnataka.
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A.Dear client
Since it is an ancestral property hence your sisters will get their legal rights in the same and to execute those legal rights they will have to go to the court and fight for it. I think the partition suit is already pending for the same.
Since you have been cultivating that land for quite some years so it is suggested that you move an application for maintaining status quo ans interim stay order for them from harassing you.
Also you can lodge a police complaint if they keep on harassing you.
Since it is an ancestral property hence your sisters will get their legal rights in the same and to execute those legal rights they will have to go to the court and fight for it. I think the partition suit is already pending for the same.
Since you have been cultivating that land for quite some years so it is suggested that you move an application for maintaining status quo ans interim stay order for them from harassing you.
Also you can lodge a police complaint if they keep on harassing you.
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A.Dear Client,
The RTC(document of Rights, Tenancy, and Crops), commonly known as Pahani, is a significant land document that is given to the current landowner in Karnataka State. The records contain information about the owner and every aspect of the land, including Information about the land owner and the nature of ownership i.e., HUF, individual, joint ownership etc. From the contents of your query, it appears that your sister has filed a partition suit before the Civil Court claiming a share in the ancestral property in the year 2019 after a long 33 years i.e, from 1986 since when you are in possession of RTC Certificate as well as the property(Agricultural land). The time limit to claim ancestral property is 12 years. Article 65, Schedule I of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term begins from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner of the property. Further, in Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. So, based on the above proposition of relevant law, the claim of your sister to the ancestral property is now barred by limitation and not maintainable at all. On submission of an objection petition before the trial court where the partition suit is now pending, the suit may be dismissed on the grounds of limitation as prescribed under Articles 65 and 64 of the Limitation Act. Reach out to an Advocate for guidance and steps.
The RTC(document of Rights, Tenancy, and Crops), commonly known as Pahani, is a significant land document that is given to the current landowner in Karnataka State. The records contain information about the owner and every aspect of the land, including Information about the land owner and the nature of ownership i.e., HUF, individual, joint ownership etc. From the contents of your query, it appears that your sister has filed a partition suit before the Civil Court claiming a share in the ancestral property in the year 2019 after a long 33 years i.e, from 1986 since when you are in possession of RTC Certificate as well as the property(Agricultural land). The time limit to claim ancestral property is 12 years. Article 65, Schedule I of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term begins from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner of the property. Further, in Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. So, based on the above proposition of relevant law, the claim of your sister to the ancestral property is now barred by limitation and not maintainable at all. On submission of an objection petition before the trial court where the partition suit is now pending, the suit may be dismissed on the grounds of limitation as prescribed under Articles 65 and 64 of the Limitation Act. Reach out to an Advocate for guidance and steps.
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