Upgrad LLM

what counts as proof for an adverse possession


Hi There,

I'd like to understand what all proofs can be brought before the court to support an Adverse Possession.

 
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The land should be in your enjoyment by paying vacant tax and constructing the house in the said land and applying for current meter and for other government approvals by paying challans. It must be known to the public that it is your property. This explaintaion is given as per some authorities I referred  

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

 

 
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Retired employee.

I am afraid that it should also be supported by such declaration by Revenue Authority's records also in enjoyment depending on usage of land.  Please google for more with key words "Essentials for adverse possession".  It also depends on the relationship with claimants as adverse possession can never be claimed exclusively for himself in case of undivided, joint family properties, then possession is for himself and for other co-sharers.   This is a complicated issue that can not be decided from members in on line forum, contact local advocate.

 
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In the above query it is not mentioned as joint family property and also it is not mentioned as co-sharer.
 
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Thanks Mr. Manoj & Mr. G.L.N.Prasad.

To get your expert-advice more appropriate to my situation, I'd like to provide some important details of my situation. Pls refer below: -

My father (now no more alive) started living in 2-rooms on the 1st floor of this property since 1960 & died in 2005. I was born here in this house in 1974 & have been leaving here since then. 

Initially we were occupying 2-rooms on this 1st floor while other 6-rooms on this floor were occupied by some others/tenants. Later, those others/tenants vacated those rooms & we somehow managed to occupy all of those in year 2000. The owner of the property never raised any concern. Since then, I'm leaving on the 1st floor (8-rooms in total) of this 2-floor building.

FYI, on the ground floor of this property, there lives another family who's been living here since 1955 i.e. even before we moved into this house on 1st floor.

In 1995, the landlord of the property sold the property via a sale-deed but we continued to occupy those 2-rooms. No questions were raised w.r.t our occupation & we were not paying any rent as well. As I mentioned above, later we occupied the remaining 6-rooms as well on this 1st floor. We were never confronted by the landlord. This new landlord has now sold this property via a sale-deed in 2016 to the family who has been living on the ground floor since 1955. We never entered into any rent-agreement with any of these landlords including the latest one.

Recently, this current landlord has filed a case of rent recovery from us for the last 2-yrs (i.e for the time since he purchased this property) & an evicted possession. As per our lawyer, we fulfill all the essential-conditions of a hostile possession hence we can lawfully claim title to the portion where we're leaving i.e. a total of 8-rooms on the 1st floor.

FYI, in all these years of our continued stay we've carried out minor repairs within these rooms & also have the electricity-meter on the name of my father. even today. All our other govt documents like ration card, voter Id card, Aadhar card have the address of this house. But we never paid any house-tax, property tax etc.

Considering this situation, Can you legal-experts as well please advise if we fulfill the legally-accepted conditions of a hostile possession?

 
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It is lengthy query approach local advocate
 
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