seller asking, show purchasing documents after 30 years seller asking, show purchasing documents after 30 years

4 months ago

I have purchased agricultural land 30 years back then I got passbook with my name and after Telangana separation, the new government issued new pass book, on this book also i have same amount of land. till now everything is clear and I am getting money under raithbandu schema from government and Bank has given the loan also on this land with holding original book. so everything clear but now seller is asking to show purchased documents after 30 years. right now i don't have these documents and lost these documents and those papers are like just they have written agreement on white papers(not stamp papers) and some witness were signed on these papers.

my question is if don't show them these papers, would seller have right to occupy on this property?
how could I solve the issue? please help me out here? since 30 years I am doing farming myself on this land and i haven't given this land to any tenant.

Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Sir,
You have to contact local advocate who is having more knowledge in respect of local laws and properly guide you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Given that you have been in possession of the agricultural land for 30 years, have valid and updated passbooks, and are receiving benefits under government schemes, you have a substantial basis for establishing your ownership. The loss of original purchase documents, especially when the transaction involved informal agreements on white papers, might present a challenge.

To address the situation, consider taking the following steps: First, communicate openly with the seller and explain the circumstances surrounding the loss of the original documents. Offer to provide alternative evidence of your ownership, such as the passbooks, government scheme benefits, and any other relevant documents like loan agreements. Additionally, if there were witnesses who signed the initial agreement, try to contact them to provide statements affirming the legitimacy of your ownership. It's advisable to consult with a local lawyer who specializes in property matters to assess your specific case and provide guidance on the best course of action. They can help you explore legal options to secure your ownership and potentially draft affidavits or documents that can strengthen your case. Keep all relevant records and communications regarding your possession and transactions to build a robust case in case of any disputes. Telangana Revenue Act, is the one to be referred in your case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
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 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 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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