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Neville (NA)     27 November 2009

Adverse Possession

I have been staying on a plot of MHADA land from 1986. I have been cultivating the same from this time. Now a portion of the land has been taken up for construction by MHADA. Can I claim adverse possession.

Pl help me.


 3 Replies

dhiraj choudhary (n/a)     27 November 2009

first of all let us know the source of ur possession. if u r in possession of this plot illegally then u can tak the plea of adverse possesion only if u r in possession of the same for the last more than 30 years. but even then its not going to work as the same been taken for public purpose

niranjan (civil practice)     27 November 2009

Acquisition process cannot be stopped .You may ask for alternative land or compensation at market rate.

snchandrasekarabharathi (senior manager (Law))     29 November 2009

first of all you have not stated in whose land you are in possession and enjoyment. Whether it belongs to Govt. or a private person.  If it belongs to the Govt.  your possession and enjoyment should be for more than 30 years without any interruption.  If it belongs to a person for than 20 years with uninterrupted possession and enjoyment.  The onus of proving the above is on you.  If the property belongs to the Govt. they would send a notice called B-Memo that is eviction notice in every year to you.  Even if it is not sent, they would make a record in their register. 

Therefore, proving adverse possession in a court of law is somewhat very difficult.

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