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Gurshabad Singh   19 October 2021

property

12 or 14 year ownership is must for owning illegal land accure


 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 October 2021

The Limitation Act of 1980 provides that no action shall be brought by any person to recover any land after the expiration of twelve (12) years from the date on which the right of action accrued to him. ... It provided that adverse possession for however long would not of itself bar the owner's title to a registered land.

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Anusha Singh   19 October 2021

As per your query it is understood that you need information about the adverse possession.

Provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property.  The prescribed period in case of for government-owned properties is 30 years.

To claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period. You cannot break the period into halves.

He will also have to prove that he has been the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.

The squatter will also have to let his intentions known to the owner, with an element of hostility into his action. Starting reconstruction work, for instance, would amount to a squatter's attempt to claim ownership. However, he is not liable to inform the original owner about his intentions. This means the entire responsibility of monitoring the movements of another occupant lies on the original owner.

There is an exception to the rule. An adverse possession cannot take place in case the original owner is minor, or of unsound mind, or is serving in the armed forces.

Recently, in the case of Uttam Chand (dead) through LRs v Nathu Ram (dead) through LRs & Ors. while relying on its previous decisions again reiterated that only having long continuous possession is not enough to perfect title by adverse possession and all other ingredients like possession that is hostile, exclusive, uninterrupted, etc are also necessary.

As in your case the facts are not stated properly to give a proper advice but if a person is residing in a place for 12 years uninterrupted then it is known as adverse possession and the person has full right over that property.

Hope it helps!

 

Regards,

Anusha Singh

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Shashi Dhara   19 October 2021

It is not so easy to claim adverse possession ,if they go to court we cannot guess how many decades it take ,in court if they demand money you compromise if not fight in civil court for at least 25years ,.

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