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Author Topic: Rightful Ownership of Illegal Land Settlement  (Read 461 times)

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Offline rajkumar

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Rightful Ownership of Illegal Land Settlement
« on: January 23, 2018, 03:59:47 PM »
There may be many similar cases like this but did not see a clear and detailed response.

My friend’s father owned a certain percentage of a land long time ago (50-60 years back) and which got “illegally occupied” during his death. Since then the illegal trespassers/occupiers “successfully” sold/transacted the land to others and within themselves across generations ( to create a transaction proof in this duration to “maintain their ownership” - no idea how local banks have been allowing this for such a long time ??? ).
Since they don’t own the original ownership of the land, the case of ownership is still active in court.

Assuming its possible to obtain the original ownership documents to claim an illegal settlement compensation (based on todays price) - and since its a very long time ago - How to favorably proceed ( and what all documents and far the documents would be required ) and issues regarding ( based on other similar posts ) such as adverse possession would affect the outcome.

Kindly advice.

Offline advjaibansal

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Re: Rightful Ownership of Illegal Land Settlement
« Reply #1 on: January 25, 2018, 05:36:35 PM »
Dear Sir,

Before getting any compensation on the disputed land, please file a title suit and possession suit. Title suit if title is not clear and possession suit to get the possession of the land. Please don't mention in the suit that it was adverse possession, mention that they were permitted to use the land. Permissive use of land is not adverse possession even if the land was used without any rent.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Rightful Ownership of Illegal Land Settlement
« Reply #2 on: February 02, 2018, 12:14:47 AM »
Dear Sir,

It appears the opponents claiming the property by way of adverse possession. You must file a suit for declaration and possession with ancillary relief of mesne profits that is damages either future or arrears. If present suit does not contain above reliefs then get the plaint amended accordingly. 
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline rajkumar

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Re: Rightful Ownership of Illegal Land Settlement
« Reply #3 on: February 03, 2018, 03:00:36 PM »

Thank you very much for your response and clarity on this respected Jai Bansal and Kishan Dutt Kalaskar sir.

Since its a long time ago, how they illegally occupied is not very clear. Am sure the ownership documents can be obtained and (maybe because nobody was available from my friend’s side for a long time when the case was going on - case would have got resolved in the favor of the illegal settlers or got closed ?) also need to confirm whether the case is still really going on.

Also for a case such as this, was wondering what the payments for lawyers would be ( either payment for the services or through a percentage of the settlement award ) in general.

Thank you again respected sirs.


Offline kalaskarkk

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Re: Rightful Ownership of Illegal Land Settlement
« Reply #4 on: February 04, 2018, 08:24:55 AM »
Dear Sir,

Payments for lawyers only for services and not otherwise in percentage or share in property.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Rightful Ownership of Illegal Land Settlement
« Reply #4 on: February 04, 2018, 08:24:55 AM »

 

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