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Obtaining title for excess land possession

Postby cherry » October 6th, 2010, 3:31 pm

In the early 1980s, a few friends and I formed a layout on land duly converted for residential purpose and got a partition deed executed with each of us getting one 36x60 feet site. I got a corner site. Then, the government initiated proceedings for acquisition of our land for a bank employees' housing society against which we filed our objections and got our portion of the land dropped from acquisition. In 1988 the society formed the layout. We made provisions for roads, and an additional 20 feet was added and a road of 45 feet was made. With this, those of us who had corner sites got additional area and I got 43x60 feet since then. As per partition deed, I have title for 36x60 plot whereas presently I am in possession of a higher dimension plot. I have paid property tax under the then prevailing CVS for my actual holding and in the present SAS declared the same. Can I obtain title on the excess land of 420 sqft I am in possession from 1988? If I want to sell that property as it is, can I factor in the excess area?

The excess area which you have would be part of the land which has been acquired for the society and as such would be the land which would belong to the agency which has acquired it. If you can ascertain who the owner is you could ask for transfer of the land. Otherwise, you would be retaining possession without title till you have perfected your title by adverse possession, which in case against the government would be after 30 years of payment of tax and uninterrupted possession, and in case of a private person it would be 12 years.
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