Adverse possession

Syed (Querist) 16 December 2022 This query is : Resolved
My name is Nawaz, I reside in Kandivali Mumbai
In 1984 architects put land for Reservation of garden (as per Bmc subdivision layout),
My father has possession of land since 1993.
My father has paid assessment tax till 2011
As per bmc Development Plan the land is residential (Reservation for garden is cancelled)
My father has 1 to 8 commercial shops (in which we took rent as per 1999 Rent Control Act)
Total land area is 10000 sq ft in which my father has occupied 2250 square feet.
So my question is can I put my father's name on property card and 7/12 extraction by
Using limitation act adverse possession
i need to discuss more and seek your advise

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Nawaz from Kandivali, Mumbai, is inquiring about adverse possession. His father has occupied 2250 sq ft of a 10000 sq ft plot since 1993, paying taxes until 2011. The land was initially reserved for a garden but is now designated for residential use. Nawaz wants to know if he can claim ownership via adverse possession under the Limitation Act. While tax payments and long possession are factors, legal experts advise that adverse possession requires exclusive, continuous, and uninterrupted possession for a statutory period (12-30 years, depending on ownership). Consulting a local lawyer with all relevant documents is crucial for proper advice.

kavksatyanarayana (Expert) 16 December 2022
There are several lawyers in Mumbai and some lawyers in Mumbai are in this forum. Search here and consult with them. You may consult in person in Mumbai.

Advocate Bhartesh goyal (Expert) 18 December 2022
Payments of assessment and other taxes and long duratiion of possession does not assign the ownership by way of adverse possession.Show all relevent papers to local lawyer for proper advice/opinion.

T. Kalaiselvan, Advocate (Expert) 20 December 2022
of Adverse Possession mean that a trespasser or a stranger who comes into possession of the land must be in exclusive and continuous possession and without interruption for a certain period of time typically 12 to 30 consecutive years depending upon the classification of ownership (i.e, Private or or Government) of the land.
That the statute of Limitations is intended to give true owners ample time to check on and protect their property from another‟s adverse claim. If the true owners fail to do that for a protracted period, he is bound to loose the land.
If the property belongs to government then the limitation period to operate the Concept of Doctrine of Adverse Possession would be 30 years.
You may consult a local lawyer with all relevant papers and proceed as suggested

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