can heir farmer can safe gaurd from other heir non farmer

Question

► One of the heirs had the mutation recorded only in his name, and the Pothi Khata has reflected only in his name for the past 20 years. he has been in possession and enjoying the land. he is a farmer and has developed the land by installing a borewell and electricity, though the taxes are in my name. Now, another heir, who is not a farmer, has shown up in the village after 20 years and trying to claim a share in the land, even though there are no documents between the heirs. What can be done in this case? what laws will help the farmer in karnataka

Answer 1

Dear Sir, Adverse Possession (Doctrine under Limitation Act, 1963) Under Section 27 read with Article 65 of the Limitation Act, if one co-heir is in open, hostile, continuous, and exclusive possession for over 12 years, the right of the other heir may be extinguished. ✅ In your case: Possession is exclusive for 20+ years Mutation is in farmer's name Development has been done (borewell, electricity) Other heir was absent for 20+ years These are strong indicators of adverse possession. Caveat: Mere mutation and possession do not by themselves confer ownership. The possession must be hostile to the interest of the co-heirs, and must be clearly proved.

Answer 2

Dear Sir, Adverse Possession (Doctrine under Limitation Act, 1963) Under Section 27 read with Article 65 of the Limitation Act, if one co-heir is in open, hostile, continuous, and exclusive possession for over 12 years, the right of the other heir may be extinguished. ✅ In your case: Possession is exclusive for 20+ years Mutation is in farmer's name Development has been done (borewell, electricity) Other heir was absent for 20+ years These are strong indicators of adverse possession. Caveat: Mere mutation and possession do not by themselves confer ownership. The possession must be hostile to the interest of the co-heirs, and must be clearly proved.

can heir farmer can safe gaurd from other heir non farmer

2 Answers