Land Dispute in Maharashtra: Court Rules on Construction Rights.
A grandson's attempt to halt construction on a property he claims as inheritance was denied by the High Court. The court upheld a lower court's decision to vacate a stay order, allowing construction to resume.
Heirship vs. Possession:
Harshwardhan Patil filed a writ petition challenging an order passed by the district court. The case involved a plot of land (Gat No. 189) in Maharashtra, India. Patil claimed ownership based on inheritance from his grandfather, Dattatraya Patil.
However, the respondent in the case, the son of Tanaji Patil, argued possession of the property for over 30 years. Tanaji Patil reportedly acquired the land through an unregistered sale deed from Hirabai Patil, Dattatraya's wife, in 1993.
Evidence Favors Long-Standing Possession:
The High Court's decision sided with the respondent, citing several factors:
- Documentary Evidence: The respondent presented property tax receipts, mortgage documents, and a Grampanchayat extract (village council record) as proof of possession and construction on the land.
- Lack of Evidence from Petitioner: Patil failed to provide evidence of his own possession or cultivation of the land.
- Incomplete Lawsuit: The court noted that Patil did not implead all legal heirs entitled to a claim on the property, including his sisters and other descendants of Dattatraya's six daughters.
What's Next?
The High Court's order allows construction to proceed on the property while the main lawsuit regarding ownership is settled in a lower court. The decision also clarifies that both parties can present their full arguments during the lawsuit.