Land Issuse

Rama Verma (Querist) 12 December 2008 This query is : Resolved
There is one plot in front of our house which is in occupation & possesion of us for last 15 years and we done four boundary to it. Now govt is asking to remove all boundary and give possesion to govt. Please advice.

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tamilarasibabu (Expert) 12 December 2008
Government by suo-moto cannot remove u from the possession, as u are staying for last 15 years, to establish ur adverse possession you have to establish by proper legal documents, title deed etc.

Rama Verma (Querist) 12 December 2008
We dont have any document.

anonymus (Expert) 12 December 2008
sorry, to claim adverse possession against the government one must prove continuous possession for more than 30 years and not 12 years as in general against private parties. for proving adverse possession u need not have title deeds but only documents shoeing ur possession for the above period.

smilingadvocate (Expert) 12 December 2008
rama ji,

First you tell me whether the land you said to bein occupation is of any private party or of any government. If it is any private party you will stand on an better footing if you prove that you are in possession since 15 years and you can claim as adverse possession against its real owner if your possession is to his knowledge and if he did not take any recourse. and if you donot have any proof you have no case you willbe treated as an land grabber. and if it is govt land then you have to prove 30 years of possession then only you will get title by possession and that too adverse possession against the government.

G. ARAVINTHAN (Expert) 13 December 2008
I agree with Mehbub Sir.. To claim adverse possession against Government, one has to prove his occupancy of the property for 30 years

J K Agrawal (Expert) 14 December 2008
Dear mr Mehboob
may i explain the funda of 30 and 12 year?

A right by adverse possession is created after passing 20 years against a private person and after 30 years against the Government.

A person tracepasser can be dispossessed forcebly and without taking and recourse or help of court up to 12 years and after that it can be done only by due course of law.

Rama Verma (Querist) 23 March 2009
actual fact of our case is that municipal committee is preparing a devepolment plan and a plot in front of our house which is in our possosenion for last 14 years and now MC has also issused a notice for the house in which we are staying from last 30 years.