Land issue
4 months ago
A piece of land was under kabza for more then 50 years by our grandfathers but now the sons of our grandfather brother is trying to sell ..we hv objection because at that time it was khangi batwara between them to use each others land which is in different area.
A.Dear Client,
From the contents of your query, it appears that the son of the grandfather's brother wants to sell the said property which remains under kabja of your grandfather for long 50 years. Article 65 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 shall begin from the point at which the possession of the defendant (grandfather) becomes adverse to the Plaintiff (son of brother of yougr grandfather). So, when the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on the title stands extinguished and the person who has possession of the immovable property shall become the owner as per the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to 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. Thus, a civil suit needs to be filed by a person on the basis of title within 12 years from the date of dispossession under Article 65 of the Limitation Act, and the time limit commences from the date when the possession of the immovable property becomes adverse to the Plaintiff. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished. Reach out to an Advocate for guidance and steps.
From the contents of your query, it appears that the son of the grandfather's brother wants to sell the said property which remains under kabja of your grandfather for long 50 years. Article 65 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 shall begin from the point at which the possession of the defendant (grandfather) becomes adverse to the Plaintiff (son of brother of yougr grandfather). So, when the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on the title stands extinguished and the person who has possession of the immovable property shall become the owner as per the theory of adverse possession. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to 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. Thus, a civil suit needs to be filed by a person on the basis of title within 12 years from the date of dispossession under Article 65 of the Limitation Act, and the time limit commences from the date when the possession of the immovable property becomes adverse to the Plaintiff. As per Sec.27 of the Act, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property is also extinguished. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
In a situation where there is a dispute over land that has been under the informal possession (kabza) of your family for over 50 years, it is important to seek legal advice promptly. If there was a verbal agreement or understanding regarding the usage of the land during the khangi batwara between your grandfather and his brother, it may have legal implications. Consult with a property lawyer to thoroughly examine the historical context, any existing agreements, and relevant documentation. You may consider filing a legal objection to the attempted sale, presenting evidence of longstanding possession and any agreements that may impact the current claim. Engaging legal counsel will help you navigate the complexities of property disputes and safeguard your interests in this matter.
In a situation where there is a dispute over land that has been under the informal possession (kabza) of your family for over 50 years, it is important to seek legal advice promptly. If there was a verbal agreement or understanding regarding the usage of the land during the khangi batwara between your grandfather and his brother, it may have legal implications. Consult with a property lawyer to thoroughly examine the historical context, any existing agreements, and relevant documentation. You may consider filing a legal objection to the attempted sale, presenting evidence of longstanding possession and any agreements that may impact the current claim. Engaging legal counsel will help you navigate the complexities of property disputes and safeguard your interests in this matter.
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