Adverse Possession: Legal Insights and Recent Developments

In India, property disputes are common, and many individuals find themselves occupying land without legal ownership. In such cases, the doctrine of adverse possession may help. This legal principle allows individuals who have occupied property for a long time to claim ownership.

What is Adverse Possession?

Adverse possession, also known as adverse user, lets someone claim ownership of property they have continuously and openly occupied without permission. In India, if you have used a property for a specified period and the rightful owner hasn’t contested it, you may have a claim under adverse possession.

Key Requirements for Adverse Possession in India

Under Indian law, the Limitation Act, 1963 governs adverse possession claims. To successfully claim ownership through adverse possessions, the following requirements must be met:

1. Continuous Possession: The person must occupy the property for a specified period—12 years for private property and 30 years for government property.
2. Exclusive Possession: The property must be used exclusively by the claimant, blocking the rightful owner’s access.
3. Hostile Possession: The possession must be without the true owner’s consent, essentially challenging their rights.
4. Open and Notorious Possession: The possession must be visible and apparent, so that the original owner is aware of it.

Adverse Possession and Irretrievable Breakdown

It’s crucial to distinguish adverse possession from situations involving personal relationships, such as the irretrievable breakdown of marriage. In cases of marital separation, where one spouse continues to live in the shared property, ownership rights depend on legal agreements or the property title, not the length of occupation. This is different from adverse possessions, where the claim is based on the nature of possessions rather than relationship breakdown.

Legal Framework and Provisions

The doctrine of adverse possessions in India is primarily governed by the Limitation Act, 1963, specifically under Article 65, which addresses the possessions of immovable property. It states:

“If a person is in possession of immovable property for 12 years, they can claim ownership if the possession is continuous, hostile, open, and without the consent of the true owner.”

Key Sections and Citations

For a successful claim, courts generally require the following elements:

• Hostile Possession: The claimant’s possession must be without the true owner’s consent.
• Continuous Possession: The property must be possessed without interruption for the statutory period.
• Exclusive Possession: The claimant must exclusively occupy the property, denying the rightful owner any control.

Recent Judgments on Adverse Possession

• Ravinder Kaur Grewal vs Manjit Kaur (2019)

A landmark case in adverse possession law, Ravinder Kaur Grewal vs Manjit Kaur, clarified that a person claiming ownership through adversse possessions must prove continuous and hostile possessions. The Supreme Court also emphasised that the rightful owner must be aware of this possession and fail to take legal action within the statutory period. This case strengthened the principles of adverses possession, setting a clear precedent for similar claims.

Insights into Adverse Possession

• Why Does Adverse Possession Happen?

Adverse possessions can arise due to various reasons, including:

1. Abandonment: The rightful owner may have abandoned the property, and a third party may have taken it over, maintaining it without objection.
2. Boundary Disputes: Disagreements over property boundaries often lead to claims of adverses possession when one party occupies the disputed land without the other’s consent.
3. Informal Arrangements: Verbal agreements or informal arrangements between parties can also result in one person gaining possessions of land, leading to potential adverses possession claims.

• How to Handle Adverse Possessions Claims

If you suspect that someone is claiming adverse possession of your property, here are the steps you should take:

1. Regular Property Inspections: Conduct regular checks to ensure no unauthorised individuals occupy your property.
2. Maintain Records: Keep proper documentation of ownership, legal actions, and any agreements related to your property.
3. Seek Legal Action: If you discover adverse possessions, take prompt legal steps to reclaim your property.
4. Consult Legal Experts: Consult a qualified property lawyer to understand your rights and how to protect them.

Conclusion: Protecting Your Property Rights

Adverse possession is a powerful legal tool for individuals who have occupied property for a long period without legal ownership. However, understanding the legal framework and requirements is crucial to making a successful claim. For property owners, it’s essential to remain proactive in managing their property and challenging any adverse possessions claims.

LawCrust Legal Consulting Services: Your Partner in Property Law Matters

LawCrust Legal Consulting Services, a subsidiary of LawCrust Global Consulting Ltd., is a leading law firm in India specialising in complex property law matters, including adverse possession claims.

As a subsidiary of LawCrust Global Consulting Ltd, LawCrust has a presence across India and Dubai, offering unparalleled legal expertise. Their services include Litigation Finance, Legal Protect, Litigation Management, Startup Solutions, Funding Solutions, Hybrid Consulting Services, Mergers & Acquisitions, and more., ensuring that your legal needs are fully met.

Our expert legal team can assist with gathering evidence, filing claims, and representing you in court. We offer services across India, including Mumbai, Thane, Navi Mumbai, Kolkata, Bangalore, Delhi, and international locations like Dubai.

If you need help with adverse possession or any property law issue, reach out to LawCrust Legal Consulting Services for expert guidance.

Call Now: +91 8097842911
Email: bo@lawcrust.com