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Government wants to take my land

Shivendra Pratap Singh

Advocate

25/03/2021/ 10:34:31 PM

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government wants to take my land

The Bihar government wants to take my land by saying that it is a government property. However, my great grandfather had purchased this land and it has been devolved upon my father. This land is agricultural land and currently we have possession thereon. The Tehsildar sent a notice that the aforesaid land is not surveyed. I have a copy of sale deed of that property. However, the sale deed clearly states that my great grandfather has purchased this land in 356 rupees and 80 paisa.   

Question from Bihar

You have a valid sale deed which proves the transfer of ownership from seller to buyer. This sale deed is a valid document to prove your ownership therefore, government cannot claim possession after such a long period. Whether the revenue officer conducted a survey in respect of said land is a matter of fact. This fact does not give power to interfere in the valid right of property.

Take certified copy of khatauni

You should take certified copy of khatauni (book of rights) from the revenue department. Revenue department prepares Khatauni on the interval of six years each and keeps all records pertaining to the rights of tenure holder. It shows Fasli years instead of Gregorian calendar. So, you should take khatauni of the year of execution of sale deed. It will show the name of owner at the time of sale. Thereafter, you should take khatauni of the next Fasli year.

The record of khatauni will clearly show the actual possession and owner of the land. Survey of the land does not matter if the reveue department is continuously preparing your land’s record. If there is any discrepancy in khatauni then you should move a suit for correction in khatauni.

File a civil suit if Government wants to take your land

However, you have solid evidence to prove your ownership but be ready to file a civil suit if government initiates proceeding for taking your land. You have prima facie evidence to prove your ownership and you are in possession of the land. In this situation you should move a civil suit for declaration of your right. Section 34 of the Specific Relief Act provides a remedy to protect right in respect of property.

If any person assails or interferes in the property right then aggrieved person can file a declaratory suit. The court declares his right in the property and stop others to interfere in his right. Even the Government cannot interfere after such declaration of the court.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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