Exclusion in limitation act
KVA Kutty
(Querist) 29 November 2021
This query is : Resolved
One of the condition for adverse possession is continuous possession for long duration. This duration is specified in specific relief act / limitation act. It is heard that there is exclusion in the law and they are land belongs to minor, mentally challenged personnel and members of armed force . Could you please confirm that the land belongs to minors, mentally challenged personnel and members of armed force cannot be encroached and claimed for possession on the basis of adverse possession law ?
J K Agrawal
(Expert) 29 November 2021
There are some conditions in which the limitation stops to run. Minority and mental illness are among these but I am not confirm about the personnel in armed forces. Until one is minor or lunatic the no adverse possession period starts.
P. Venu
(Expert) 30 November 2021
Please post the complete facts bringing out the real issue, if any.
KVA Kutty
(Querist) 02 December 2021
Sir,
The approach road to my plot has been encroached while I was away on duty in armed force. I am now retired and had collected documents to prove the encroachment. I spoke to them and wrote letter to them but they are not receding the border. If I take up this issue further , they may say that the encroachment is more than 12 years and now it is a settled possession for adverse possession. As per specific relief act/ limitation act I may have to go to court to claim it back. Since it is a private road and some others also have rights to use it, may be I can take advantage of easement act. But I saw some online document which says minors, mentally challenged and members of armed force personnel have protection against adverse possession. Can I please confirm the same? Was there any amendment to the act which will be in my favour ?
P. Venu
(Expert) 08 December 2021
It is not that every case of continued possession would qualify to be adverse. Such possession should be established to be Hostile, Actual, Open and notorious as well as Exclusive and continuous. The facts posted suggest that the trespasser may not be in a position to establish title based on adverse possession.
