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B.N Enterprises   03 May 2022

adverse possession

Hello,
I am currently doing business on a government land. Ealier government tried to remove me from the land by giving me shelter to some other land in other place, but they failed to do so. Now its been more than 13 years that i am doing business in their land, will i be able to claim the land in the name of adverse possession. Please reply.
Thankyou
Yashwant Singh


Learning

 5 Replies

H.JanakiManohar Rao (lawyer)     04 May 2022

Adverse possession do not apply to Govt lands even if u r in possession since100years.

Shubham Bhardwaj (Advocate)     04 May 2022

Dear Mr Singh, 

The period of 12 years for adverse possession in case of Government is 30 years. It is only after 30 years of adverse possession, that you will be able to claim title. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

 

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 May 2022

Janak Manohar Rao is right

Shubham Bhardwaj (Advocate)     04 May 2022

Dear Mr Singh, 

In addition to my above opinion I would like to add some more information. 

Please See Entry 112 of Part IX, Division I of Schedule to Limitation Act, 1963. This entry shows that any suit by Central Government or State Government has to be filed withn 3o years from the date cause of action arose.

This means that if some one has adverse possession on Government land, and the same is not removed within 30 years from the date cause of action arose, then even the Government is precluded from filing any suit for recovery of possession. Therefore, a suit can be filed claiming adverse possession based on the latest judgment of the Hon'ble SC that adverse possession can be used for filing suit also and not just defence. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

Divya Vijayan   04 May 2022

Hello!

As per the Limitation Act 1963, the statutory period of limitation that is allowed for possession of immovable property or any interest is 12 years in the case of private property and 30 years for public property, from the date you have occupied the property. 

  • To claim the ownership, you have to prove that the occupancy of the property has been uninterrupted for the entire period. 
  • You also have to prove that you were the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.
  • You also have to let your intentions known to the owner, with an element of hostility into his action. 

In the Dagadabai vs. Addas case, the SC rules a squatter will have to first accept the ownership of the original landlord to file a case of adverse possession and make it known to the latter. This squatter will also have to file a suit along with the original owner to proceed legally. "The true owner has to be made a party to the suit to enable the court to decide the plea of adverse possession between the two claimants," the SC order by a Bench of Justices R K Agrawal and A M Sapre said.


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