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Yashwant Ingole (Service)     29 April 2012

Adverse possession

We have purchased agricultural land in Maharashtra 35 years back. At the time of purchase or thereafter the area was never measured. Ever since we are cultivating the land peacefully within the boundary marks as mentioned in the sale deed without any objection from any corner. The seller had left the village and died long back.  Now his son appeared and got the land measured from Govt. authorities. The surveyor told that we have excess land in our possession belonging to the seller. In this situation I request the forum to opine whether after lapse of 35 years the son of the seller has right to demand possession; whether we have right of adverse possession? and how to proceed to protect our interest. Early response will be highly appreciated.


 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     29 April 2012

File a suit for injunction against the sons to prohibit them from disturbing your peaceful possession.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     29 April 2012

If he is demanding excess land then tell him to go to the court to declare him as the owner of that encroched land.  If he goes to the court then you can defend taking contention that suit is time barred because within 2 years he could have filed the suit.  He had knowledge of sale by the father.  In the case filed by him you can also claim adverse possessession.

1 Like

JANAK RAJ VATSA (ADVOCATE)     29 April 2012

35 years of peaceful enjoyment of lthe property is pretty long time. son of the seller should be advised to approach the court . suit barred by limitation act.

1 Like

D. Kumaralingam (Advocate)     01 May 2012

In general the son of the seller cannot claim any right over the property after two years from the date of knowledge of sale by his father. Even though he approaches his claim is barred by limitation.  

But recently the view of the supreme court is that the person who claims title by adverse possession cannot be said to be the actual owner of the property as he is squatting over other persons property and therefore his interest shall be protected and i am given to understand that the law commission has also suggessted for repealing of adverse possession.

To my opinion have talks with the sellor's son and get it solved amicably.

1 Like

B.K.GUPTA... (ADVISOR)     01 May 2012

You should act as advised by Mr.D.Kumaralingam.It is fair to handover the excess land peacefully.

You have not mentioned the area bought by you and the total area.It appears that excess land is of substantial

value and only amicable settlement can save you from uncalled for litigation.

Raising issue of limitation would disclose your intention and it would not save you by any stretch of imagination.

So act keeping yourself in the situation of the seller's son.

1 Like

B.K.GUPTA... (ADVISOR)     01 May 2012

You are advised to go through 2 judgements of the Supreme Court .One is dated 21.03.2012 and the other is dated 27.04.2012.

If you need i can provide both the judgements.

1 Like

Amit Gupta (Advocate)     01 May 2012

dnt go for litigation on ur own...let him aproched the courts first.

one thing is clear that u can not claim adverse possession, becasue the plea of adverse possession starts when u admit the title of the other party, but here u have sale deed in ur favour, so u r the real owner. as per the settled law adverse possession and plea of title is mutually inconsistent pleas...

1 Like

B.K.GUPTA... (ADVISOR)     02 May 2012

Supreme Court's Judgement dated 21.03.2012 attached herewith

Attached File : 108256716 sc 21.03.2012 adverse possession.txt downloaded: 326 times

B.K.GUPTA... (ADVISOR)     02 May 2012

Supreme Court's Judgement dated 27.04.2012 attached herewith

Attached File : 108256716 sc 27.04.2012 adverse possession.txt downloaded: 256 times

mahesh (stenographer)     17 July 2012

can any one tell under what act or section the adverse possession is governed

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