Community › Forums › Legal Advice India › Need advice, only from lawyers
- This topic has 5 replies, 2 voices, and was last updated 1 year, 2 months ago by
Meenafalcon359.
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EEpictiger1125
PARTICIPANT
April 15, 2025 at 4:05 pmThis is for lawyers only β I need crucial legal advice.My mother owns three agricultural lands in her name, but she MIGHT not have the ownership documents for two of them. For the past 20 years, my uncle and cousin have been managing the land β they do the farming and give a portion of the profit to my mother.
Recently, someone told me that if a person has been managing or possessing agricultural land for more than 8 years, they can legally claim ownership of it. This has made me extremely anxious.
I want to know β is this true? Can my relatives actually claim ownership of the land after all these years?
Ps : The lands are in Rajasthan
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MMeenafalcon359
PARTICIPANT
April 15, 2025 at 5:16 pmadverse possession requires 12 years of continuous *hostile* possession based on title as per Article 65 of Schedule I of the Limitation Act, 1963.since your motherβs bank statements indicate her consent as she has been receiving a share of profits since past 20 years, it is unlikely that your uncle or cousin can claim ownership, however, you should try to collect a duplicate copy of registry documents from the sub-registrar.
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EEpictiger1125
OP
April 15, 2025 at 6:33 pmHi, thanks for the reply. Sadly my mom takes the money in cash.-
MMeenafalcon359
PARTICIPANT
April 15, 2025 at 6:42 pmin that case, i recommend that you try to collect a duplicate copy of registry documents from the sub-registrar and sign a Crop Sharing Agreement (Batai Agreement) with your relative,with this, in future, you’ll have proof that your mom is the legal owner of the land, and she allowed a tenant/sharecropper (your relative) to farm her agricultural land in exchange for compensation as a percentage of crop yield.
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EEpictiger1125
OP
April 15, 2025 at 7:09 pmThanks a lot for the information. Will do this. π-
MMeenafalcon359
PARTICIPANT
April 15, 2025 at 7:11 pmno worries, glad I was able to help.
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