Jayesh Deokar (Advocate) 12 November 2013

Adverse possession?

Mr. “A” has inherited from his father certain plot of Agricultural land, and is in possession of and cultivating it for the past 35-40 years after its inheritance. However, it appears from the Records of Right (form 7/12) that Mr. “B” is the owner of the said land. (Mr. B is not related to Mr. A in any manner whatsoever)

Mr. B never interfered with the possession and enjoyment of the land in the hands of Mr. A.

Mr.A is not sure if Mr.B has knowledge of his title over the land.

Now Mr.A intends to dispose off the land by sale.

My question is,

Can Mr.A carry out the sale of the said land without any involvement of Mr.B? If no, what is the remedy available to Mr.A?

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3 Replies

Rajat Bindal 09917149977 (Advocate) 12 November 2013

One can be declared owner by adverse possession only when his possession is adverse to the real owner by open declaration and accepted by the real owner. Despite the fact of knowing if he did not choose to go in court of law for 12 years , the later would be treated as owner by adverse possession. The possession should be hostile , adverse and open to the real owner. If it is permissive possession or not hostile it cannot be treated as title by adverse possession.

adv. rajeev ( rajoo ) (practicing advocate) 12 November 2013

I do agree with Rajat Sir

Jayesh Deokar (Advocate) 13 November 2013

Bindal Sir, Thank you for your invaluable reply.

What I understood from your response is that, If the real owner is not aware of his title over the land, then the possession of the possessor cannot be said to be hostile or adverse. (Correct me if I misunderstood it.).... But, in the same circumstances, how can the possession of Mr.A be treated as permissive possession when the real owner himself has no knowledge of his title?

Is there any way Mr.A can incorporate his name to Record of Rights on the basis of such possession?