Adverse Possession
Chetan
(Querist) 09 April 2010
This query is : Resolved
What is meant by Adverse Possession ?
What are the necessary ingredients to file the case ?
What will be the title of the case ?
Provide exmples, case laws and provisions regarding adverse possession
A V Vishal
(Expert) 09 April 2010
Adverse possession of the land is the process by which title to another's land is acquired without his permission. Adverse Possession is a possession which is opposed to once interest of the real owner of the property. It is possession in denial of the title of the true owner. According to Supreme Court of India, "The law as it exists is extremely harsh for the true owners and a windfall for a dishonest person who had illegally taken possession of the property of the true owner." In layman language it is called "land grabbing." Roots of this type of land grabbing lies in the national policy called "Land to the Tiller". Although the aim of the policy was to abolish of intermediaries between the tiller and Government, some dishonest person used this policy as a license to grab the other person's land.
Once adverse possession is proved by the person despite by wrong means, the true owner loses his right over the land/property. A person can prove adverse possession if the possession is;
1. Actual and exclusive under the claim of right,
2. Visible to everybody,
3. Hostile,
4. Peaceful,
5. Known to the true owner
6. and continuous for the statutory period,
A statutory period of 12 years is prescribed under the Limitation Act, 1963. Within this period the owner of the property who is dispossessed is require to institute a suit for possession of the said property. On failure to do so, true owner loses his right over land.
However in September 2008, while dismissing an appeal filed by a person who had illegally taken possession of a land from its original owner, Supreme Court asked " how the law could place a premium on dishonesty by legitimizing possession of a trespasser and compelling the real owner to lose his title simply because the owner has not taken back his house or land within a stipulated time." the court further said that,
"There is an urgent need of fresh look regarding the law on adverse possession. We recommend the Union of India to seriously consider and make suitable changes in the law of adverse possession,” said the Bench rushing a copy of its judgment to the law ministry and legislative department for appropriate steps in accordance with law.
B K Raghavendra Rao
(Expert) 09 April 2010
One gets ownership of the immovable property by occupying the property for more than 12 years uninterruptedly and as clearly explained by Sri A. V. Vishal. I would add:
Occupant cannot file a case for declaration of ownership under Adverse Possession. He is only deemed owner. He can perfect his title only when the real owner or anyone claims the title but fails under the situation of Adverse Possession.
There is no case or suit title for Adverse Possession as it cannot be filed.
