Adverse possession

This query is : Resolved 

Online (Querist)
27 September 2020

My father purchased 2 acres of agriculture land in 1962. He sold part of land in 1965 and died.We haven't used the remaining land till now.We have the Title document and revenue documents in name of my father.
The nearby landowner trespassed and using the land .My mother due to fear didn't opposed .We have proper Legal heir ship certificates.We paid the revenue taxes in name of my father till date.
My question is whether the trespasser can claim adverse possession of our land?
Kindly clarify the query

Dr J C VashistaOnline (Expert)
28 September 2020

Legally the person in-possession since 1965 has every right to claim adverse possession, which became due in the year 1977.

Shilesh PatelOnline (Expert)
28 September 2020

Yes, the person who has the possession for more than 12years without any interruption has built a right of adverse possession.

Advocate Bhartesh goyalOnline (Expert)
28 September 2020

Merely possession of land more than 12 years is not sufficient and fulfill the requirement of adverse possession. possession must be continuous of more than 12 years and hostile to the true owner.your neighbour is only trespasser he can't claim adverse possession.

SHIRISH PAWAR, 7738990900Online (Expert)
28 September 2020


In your case, it is not adverse possession of the land. File a police complaint or you can also approach the civil court against neighbour.

Prajesh JehanOnline (Querist)
28 September 2020

Its a land of 4 acres owned by 3 individual persons.
our share is 1 acre in it.
The joint patta has all of our name with the area mentioned on it.
Shall I call the remaining 3 landowners to measure and divide the land as per the area available in title and revenue documents?

P. Venu Online (Expert)
28 September 2020

You are posting many a query. What is the real issue?

Prajesh JehanOnline (Querist)
28 September 2020

I have two issues sir
One is with my ancestral property which I posted earlier and I got opinion from you experts which is really a guiding one for my issue .I suited a partition suit and its proceeding.
This issue is with my father self acquired property.

Rajendra K Goyal Online (Expert)
29 September 2020

Show all documents to local lawyer and discuss the scope of filing suit for partition.

Prajesh JehanOnline (Querist)
30 September 2020

Ok sir
I'll proceed

Isaac GabrielOnline (Expert)
30 September 2020

Mere adverse possession wil not entitle right since the documentary proff is variy available. You can claim your right.

Prajesh JehanOnline (Querist)
30 September 2020

Ok thank you sir..
I'll proceed further

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