Adverse possession
Neeraj
(Querist) 29 March 2012
This query is : Resolved
I am living in a house in delhi since 1993 without any objection, dispute, litigation not paying rent to any one, charge, nor any type of document of property with me. is I am owner of House because of adverse possession?
Can I sell this property to any one? if yes what its procedure.
What is adverse possession? what its condition? please brief me on this topic its urgent for me.
Adv.R.P.Chugh
(Expert) 29 March 2012
Dear Querist,
No you are certainly not the owner of the property by adverse possession. Adverse possession is when a person who has no right/title/interest to the property possesses adversely (against) the real owner in a hostile manner, nec vi nec clam nec precario (latin for openly,notoriously and with intention to turn down real owner's title)
you are presently under permissive possession, but if you landlord objected to your stay and you started claiming to be owner as against him, you could have had a contestable case, but not now.
You cannot sell the property.
Take my advise don't indulge into litigation - the courts are not supporting the plea of adverse possession anymore except in exceptional cases - for the simple reason that 12 years of illegality does not turn into a legality.
I would advise you to read : Manish Kumar v. State of Haryana (2011 SC)
ajay sethi
(Expert) 29 March 2012
Indian Limitation Act, 1963, Article 65 The concept of adverse possession contemplates a hostile possession i.e. a possession which is expressly or impliedly in denial of the title of the true owner. Possession to be adverse must be possession by a person who does not acknowledge the others rights but denies them. The principle of law is firmly established that person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to denial of his title to the property claimed
The possession must be open and hostile enough to be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of the formers hostile action. [T. Anjanappa and Others v. Somalingappa and Another, (2006) 7 SCC 570.
you cannot sell the property . you dont have any title to property and only a fool witll purchase it
ajay sethi
(Expert) 29 March 2012
Supreme Court of India, State Of Haryana vs Mukesh Kumar & Ors. on 30 September, 2011, Bench: JUSTICE Dalveer Bhandari, and JUSTICE Deepak Verma, observed “The Government should protect the property of a citizen - not steal it. And yet, as the law currently stands, they may do just that. If this law is to be retained, according to the wisdom of the Parliament, then at least the law must require those who adversely possess land to compensate title owners according to the prevalent market rate of the land or property in question. This alternative would provide some semblance of justice to those who have done nothing other than sitting on their rights for the statutory period, while allowing the adverse possessor to remain on property. …. The archaic law of adverse possession is one such. A serious re-look is absolutely imperative in the larger interest of the people………….. Adverse possession allows a trespasser - a person guilty of a tort, or even a crime, in the eyes of law - to gain legal title to land which he has illegally possessed for 12 years. How 12 years of illegality can suddenly be converted to legal title is, logically and morally speaking, baffling. This outmoded law essentially asks the judiciary to place its stamp of approval upon conduct that the ordinary Indian citizen would find reprehensible. ………….. The doctrine of adverse possession has troubled a great many legal minds. We are clearly of the opinion that time has come for change……… If the protectors of law become the grabbers of the property (land and building), then, people will be left with no protection and there would be a total anarchy in the entire country.”
adv. rajeev ( rajoo )
(Expert) 29 March 2012
if want to claim adverse possession you have to get it declare in the civil court. Learned advocates have nicely explained. I follow them.
Rajeev Kumar
(Expert) 29 March 2012
Yes our ld. Experts have nicely explained with the latest landmark judgement of supreme court. Only that you enjoyed the property uninterrupted for the last many years cannot give you the title of owner.
