Statutory Basis
Primary Act: RFCTLARR Act, 2013 (Land Acquisition Act)
Key Sections: Sec 26 (Market Value), Sec 30 (Solatium), Second Schedule (R&R).
Your Rights in Land Disputes
Land disputes are complex. Understanding your core rights under the Transfer of Property Act and Specific Relief Act is crucial.
1. Right to Clear Title (Sale Deed vs Mutation)
Crucial Distinction: Mutation of Revenue Records (Patta/Pokkuvaravu) is NOT proof of ownership. Only a registered Sale/Title Deed proves ownership. Mutation is merely for tax purposes (Supreme Court: Suraj Bhan vs Fin. Comm.).
2. Protection Against Illegal Dispossession
If you are forcibly removed from a property you occupied (even without title), you can file a suit under Section 6 of the Specific Relief Act, 1963 to regain possession within 6 months. Speed is key here.
3. Boundary Disputes
For rural disputes, apply to the Taluk Surveyor to demarcate boundaries based on Revenue Records. If unresolved, a civil suit for 'Declaration of Boundary' is the remedy.
Partition of Family Property
A Partition Suit is filed when co-owners (family members) wish to divide ancestral or joint property.
- Ancestral Property: Right by birth (coparcenary rights) for sons and daughters (per Vineeta Sharma vs Rakesh Sharma, 2020).
- Self-Acquired Property: The owner has absolute will to gift or bequeath it to anyone.
Land Acquisition Compensation (RFCTLARR Act, 2013)
The 2013 Act revolutionized compensation, ensuring landowners get fair value when government acquires land for public purpose.
The Compensation Formula
1. Determination of Market Value: Higher of (a) Stamp Duty Value or (b) Average Sale Price of similar lands.
2. Multiplication Factor:
- Urban Areas: 1x Market Value.
- Rural Areas: 1x to 2x Market Value (depending on distance from urban center).
3. Solatium: +100% of the above total value (for compulsory nature of acquisition).
4. Addition Interest: +12% p.a. on market value from date of notification.
Example: If Rural Market Value is ₹1 Lakh.
Comp = (1L x 2) +
100% Solatium = ₹4 Lakhs + 12% Interest.
Rehabilitation & Resettlement (R&R)
Beyond money, the Second Schedule of the Act mandates:
- Housing Units: For displaced families (in case of rural projects).
- Employment: Job for one family member or one-time payment of ₹5 Lakhs.
- Subsistence Allowance: ₹3,000/month for 1 year.
10 Landmark Supreme Court Judgments
Vineeta Sharma vs. Rakesh Sharma (2020)
Daughters have equal right to ancestral property by birth, same as sons, even if the father died before the 2005 Amendment.
Ravinder Kaur Grewal vs. Manjit Kaur (2019)
Adverse possession (squatter's rights for 12 years) can be used not just as a defense (shield) but also to claim ownership (sword) by filing a suit.
Suraj Bhan vs. Financial Commissioner (2007)
Revenue entries (Mutation) do not confer title or ownership. They are only for fiscal purposes (paying land tax).
Suraj Lamp & Industries vs. State of Haryana (2011)
Property sales via Power of Attorney (GTA/SPA) or Will are invalid. Compulsory registration of Sale Deed is mandatory for title transfer.
Vidya Devi vs. State of HP (2020)
Right to property is a valuable human right (Art 300A). State cannot acquire land without due process and compensation.
Indore Development Authority vs. Manoharlal (2020)
Five-judge bench clarified rules on when land acquisition proceedings lapse under Sec 24(2) of the 2013 Act.
Anathula Sudhakar vs. P. Buchi Reddy (2008)
Clarified when to file for Injunction (possession) vs Declaration of Title. If title is clouded, Declaration suit is must.
K.S. Vidyanadam vs. Vairavan (1997)
In agreements to sell immovable property, "time is not the essence of the contract" unless explicitly stated.
T.G. Ashok Kumar vs. Govindammal (2010)
Purchaser of an undivided share in joint property cannot claim exclusive possession of any specific part until partition.
Jagdish Chand vs. State of Punjab (2018)
Suspicious circumstances surrounding a Will must be cleared by the propounder to prove its genuineness.
Dispute Resolution
LAA Reference (Section 64)
If dissatisfied with the Collector's award, you can file a written application to refer the matter to the Land Acquisition, Rehabilitation and Resettlement Authority (LARR Authority).
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