Compensation on the basis of record of rights or on possession. Mr A, B and C were three brothers. All are deceased; they were having landed property in a joint name. The property was divided by the village headman and the villager in the year 1980. Now, the National Highway is acquiring the property of A’s share partly. As per law as informed by the Tahsildar of the locality that the compensation amount will be divided into three as per ROR (Record of Rights). He will decide as per ROR and not as per possession.
The compensation will be given to the respective legal heirs of these three brothers. As per my opinion: 1. The land in question falls within the portion orally partitioned and continuously possessed by A and his legal heirs. They have been cultivating the said land for over 45 years without interruption. 2. The legal heirs of B and C have never been in physical possession and have no legal or equitable claim over this portion of the land. Hence compensation amount may be given to legal heirs of A only. Please guide me in this matter. Myself one of the legal heirs of A.
Asked from: Odisha
It was your fault that, after the partition of the land, the names of the owners were not brought on record. The record of rights is prima facie proof of possession of the land. There is no illegality in the disbursement of the compensation amount among the persons recorded in the Record of Rights (ROR).
In the prevailing situation, you should file an objection before the Appropriate Authority under the Land Acquisition Act. Thereafter, file a partition suit for the division of land based on the oral partition that occurred in 1980. After obtaining the partition of the land, immediately initiate proceedings for mutation in the ROR on the basis of the partition. Then you can claim the compensation. At present compensation on the basis of record of rights is correct. For more legal help please visit Kanoon India.
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