Muthu kumar 10 August 2021

Adverse possession

*adverse possession* .I have one doubt, we have self acquired agriculture land of my grandfather property he gave to my mother through gift settlement deed in 2005 and same my mother also gave same gift settlement deed to us in 2011 without revenue record patta transfer . I have 4 uncle's they are using our land with revenue record patta passbook there names they are done in 2007 without knowledge of my mother .if more than 12years ,they can claim adverse possession or not ? blood relation or relatives can claim adverse possession?.

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BHAVYA SOM GARG 11 August 2021

Greetings of the day.

As per the facts laid out by you, I wish to tell you that your uncles can claim the adverse possession of the property, since they have been using the property, without any interference for a period of more than 12 years, from 2007. In case of private property, Article 65 of Schedule I Part V, lays out that if possession of an immovable property continues for a period of 12 years, the said possessor shall have the right of seeking adverse possession. But since you got the deed in 2011, the period of 12 years may start from 2011, and in that case, your uncles cannot claim possession atleast till 2023. But they are in possession since 2007, so there will arise a contention in their favour.

But not only they had the possession, they also had the relevant documents to support their claim, namely the patta passbook. So, they can claim the adverse possession since the conditions are fulfilled i.e. the possession should be hostile, actual, open and continuous.

In case of blood relatives, a possession of a family property by any member of the family cannot be adverse to other members. But in such a case, the person should hold the property for the family. It was also held by SC in Darshan Singh v. Gujjar Singh, (2002) 2 SCC 62 that It is well settled that if a co-sharer is in possession of the entire property, his possession cannot be deemed to be adverse for other co-sharers unless there has been an ouster of other co-sharers." So, generally, there is no adverse possession in case of blood relatives.