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kumar   05 December 2021

Claiming title of a residential property in adverse possession???pls guide

Respected Sir/Madam,

A residential Property under uninterrupted possession fulfilling all necessary condition for the adverse possession from past 38 / 40 year but document like id proof (driving license) registered on the property address from past 18 years.

Light /water bill connection bills from past 3 years.

Referring to Supreme Court judgment Ravinder Kaur Grewal vs. Manjit Kaur on 7 August, 2019, is it advisable to file title suit based on adverse possession? If yes, then what are chances to success?

What amount of the property value (As per circle / DLC rate) needs to deposit in court while filing title suit?

Kindly guide.



 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 December 2021

After 20 years of 'adversely possessing' registered house property, a party can apply to the Land Registry to be registered as the new owner in place of the existing one.

Anaita Vas   06 December 2021

The Limitation Act 1963 is a key piece of legislation elaborating on adverse possession.

In a situation where a person does not take any action for recovery of possession of land within a period of twelve years as provided under Article 65 in Schedule I of the Limitation Act, 1963 his/her rights get extinguished and therefore the land is left in remission.

The concept of adverse possession has been settled in Perry v Clissold (1907)

To constitute the adverse possession, you have to establish or fulfill the following conditions:

1. Actual possession of the property

2. Such possession should be open

3. Exclusive possession and use of the property

4. Such possession should be hostile or adverse to the true owner

5. Such possession should be a continuous one without any interruption

If you satisfy the above ingredients then only a claim can be made for Adverse Possession.

If you claim adverse possession should show : (a) on what date you came into possession, (b) what was the nature of  your possession (c) whether the factum of possession was known to the other party, (d) how long your possession has continued, and (e) your possession was open and undisturbed.

 

Regards,

Anaita Vas


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