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Tousif Shaikh   18 May 2022

Legal limitation to file a suit for Adverse Posession

What is the time limit to file a suit for Adverse Possession of a property.

Petitioner wants to file for Adverse Posession as there is peaceful possession since last 12 yrs.

If the other party comes to know that their property has been recorded in petitioner's name under Adverse Possession law, can he reclaim it. If he can then how.


Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     19 May 2022

Hello,

You have to make a party to the owner of the land if you want to file an application for adverse possession in court and the court will issue notice to the owner of the land. So the owner may defend the case. Nothing will be done without knowing and informing the owner.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 May 2022

The law of Adverse Possession is contained in the Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.

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Shashi Dhara   19 May 2022

You have to prove  adverse  possession in court of law ,it is not easy to prove ,if owner was minor ,at that time ,if he is lunatic law don't applies,the time starts when it comes to knowledge of owner so if you issue notice or summons then it comes to his knowledge and can defend it ,the owner must know it and you have peacefully enjoying  without any interruption the possession you have  to prove ,file suit if he compromise compromise if not drag the suit for --- years he may come to compromise.

1 Like

Shweta   19 May 2022

Hello Sir

The concept of adverse possession is envisaged in the Article 65 of Schedule I of the Limitation Act, 1963. 

The concept of adverse possession means that permissive possession or possession without a clear intention to exercise exclusive rights over the property is not considered as adverse possession. In the matter of Karnataka Board of Wakf Vs. Government of India (2004) 10 SCC 779, it was held that in the eye of law, an owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the owner even for a long time won’t affect his title. But the position will be altered when another person takes possession of the property and asserts rights over it and the person having title omits or neglects to take legal action against such person for years together. So, in simple words the possession of a party becomes adverse when with the knowledge of the owner but not with his consent the party has stayed in possession for a period of 12 years.

This can be better understood with the help of an example. If A lives as a tenant in the house of B (owner), then this would not amount to adverse possession. However, if the rent agreement is expired and A still possesses the house without the consent of B then it will amount to adverse possession. If continued in possession for 12 years with sufficient animus possidendi (intention to possess) then the ownership of the same can be claimed. 

In the case of Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors (Civil Appeal No. 7764 of 2014, decided on 7 August 2019) the court held that any person who has perfected title by way of adverse possession can file a suit for restoration of possession in case of dispossession. The court, thus, concluded that a plea of adverse possession can be used, not just as a shield i.e., by a defendant, but also as a sword i.e., by a plaintiff. 

Further, a party cannot claim his ownership over a property based on title and by way of adverse possession simultaneously as both such pleas are mutually inconsistent. Hence, you can file a suit for restoration of possession.

I hope this helps to resolve your query.

Thanks

1 Like

Tousif Shaikh   20 May 2022

Thank u everyone for ur kindness in giving me the required info.

I just missed that Original Title holder's consent in mandatory and might be his negligence to respond a court summon.

Thank You all once again.

Shashi Dhara   20 May 2022

Who is paying tax , electric bill ,water tax  etc etc ,file application to concerned authority to change khata to ur name ,if any one objects they orders to approach to  civil court to decide.


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