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Author Topic: Authority on land which is not claimed science last 23 years  (Read 890 times)

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Offline althafk786

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Authority on land which is not claimed science last 23 years
« on: August 22, 2014, 12:10:07 AM »
Dear Sir,

I K Mohammed Yousuf working as a mechanic, my issue is  In 1991 High court gave judgement to occupy my mother share from her dad family property.
In that judgment as per our request court gave judgment that north side land should allocated to us.
there was a problem to claim that land as the land shape is in L Shape in the judgement I didn't found which north side either top or bottom area, that's  why I didn't try to occupy our share, it was happened last 23 years back.

since last 23 years those lands are under my uncles control and also they made pass books from revenue department in their names.

My question is if the land was not occupied  around 23 years as per court judgment do i have rights to occupy my land now,for that do i need to go any legal process.
i Heard that from the date of judgment if i dint occupied my property with in 12 years then i don't have any  rights on that property.
   
 
Please advice on my problem.

Thank you.

Regards,
Althaf

Offline kphk

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Re: Authority on land which is not claimed science last 23 years
« Reply #1 on: August 29, 2014, 12:58:59 AM »
Hi , Had you occupied the property within 12years as per the judgement, you dint need to follow any legal procedures. Back then you could have got your problem sorted out through court itself. Now that you have delayed it for 23 years, you have naturally lost the right. You have slept over your right to occupy. Moreover it looks like you have not done anything to at least to show that that land is under your control. It will be very tough for you to get it back now, but still you could give it a try through legal process.

NOMOS SOLUTION :)

Offline althafk786

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Re: Authority on land which is not claimed science last 23 years
« Reply #2 on: September 02, 2014, 05:16:43 AM »
Dear Sir,

thank you so much for your reply.
i didn't occupied my share till date

In judgment court didn't mention any time period to occupy the land.
science 23 years we have not occupied the land.I heard from one of senior lawyer, he told me that previously  there was a rule where if property was  occupied  with in 12 years from the date of judgment then we will lose our rights.
 
i am requesting you to please tell me weather that law is still is there?

do i have any other ways to occupy my property  please advice.


Regards
Althaf   

Offline kphk

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Re: Authority on land which is not claimed science last 23 years
« Reply #3 on: January 03, 2015, 09:36:10 AM »
If nobody has occupied that particular land, then you can occupy. But if someone else has occupied it then they might claim adverse possession against you. Pleading and proving adverse posession is very tough. Either way you can't claim right of possession basing on that old decree. Extremely sorry for the delay.

 

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