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How to prove that I am in adverse possession?

Querist : Anonymous (Querist) 22 December 2009 This query is : Resolved 
“A” is the DHR-Vendee and whereas “B” is the JDR-Land owner. In an Execution proceeding “B” JDR-Land owner admitted that “today he has handed over the physical possession of the lands to “A” DHr-Vendee in the year 1985.

The said JDR-Land owner has never challenged against the above contention thus it seems DHR-Vendee is in possession of the said lands since 1985. But the revenue records are shown the JDR-Land owner’s name till now.

Now I want to clarify that I am in adverse possession or not? If so how to claim the above lands on my favour, because of the said ground.?
prakash vathore (Expert) 22 December 2009
admittedly u r in possession but u have said that some executuion procedings is there that means ur possesion is disturb or there is some thing to show that the owner is looking after his property, hence u cant claim adverse possession.
niranjan (Expert) 22 December 2009
Revenue record is not the document of title. Why you should agitate the issue when the land is in your actual possession ?
Arvind Singh Chauhan (Expert) 22 December 2009
file a suit for title on the ground of adverse possession.
bhupender sharma (Expert) 22 December 2009
Revenue records only depicts that the land lies in the name of the person and its utiligation of the same in this regard, it is correctly said that u have to file a suit for the same in this regard for declaration. more so when the possesssion is being disturbed by the legal machinery then u are not supposed to say that u are in continuous, peaceful possession since decades and therefore u can not claim the said plea that u are in adverse possession.
Raj Kumar Makkad (Expert) 22 December 2009
I do agree with bhupender sharma.
Murtaza Chherawala (Expert) 22 December 2009
The law of adverse possession has been questioned in a recent judgement of the Supreme Court. In fact the Hon'ble Supreme Court states in conclusion that the government needs to review and amend the law of adverse possession.

The judgement is attached.

I also agree with the view that revenue records are not conclusive proof of ownership, but however, the position of better title has to be agitated and proved. There is also a judgement on better title, which can be used very strongly against title on grounds of adverse possession.


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