adverse possession
Parveen Kr. Aggarwal
(Querist) 22 December 2009
This query is : Resolved
What remedy is available to a person in possesion who wants to avail the benefit of perfection of his title by way of adverse possession?
Arvind Singh Chauhan
(Expert) 22 December 2009
Yes he should file suit for declaration.He will have to prove his continuous uninterrupted possession of more than 30 years old in case the land is state land , of more than 12 years if the land is private .
Raj Kumar Makkad
(Expert) 22 December 2009
No adverse possession can be claimed against State land whereas the limitation is 12 years in case of private land but the possession in such position should be open and hostile to the knowledge of the true owner.
Ashok Yadav
(Expert) 22 December 2009
Adverse possession:- u can claim the perfection of title in ur favour but some conditions r there u will have to prove that the possession is open, no body claim any right upon that land during the period of your possession, you are not paying any rent to any body for use of that land, and your possession is in the knowledge of orginal owner from the last 12 years.
aman kumar
(Expert) 22 December 2009
agree for expert answer
mahesh kumar yadav
(Expert) 22 December 2009
yes u can claim adverse possession by satisyfying certain terms and conditions ie there must be some proof that u have been in possession of paticular land since 12 years and above, tha proof may be tax recipt on ur name etc..
J K Agrawal
(Expert) 22 December 2009
Dear all my friends
Continuous, peaceful, adverse and hostile possession for 12 year does not give right of ownership to the trespasser. It provides only one right that true owner can not remove him suo motto at his own. He is to seek an order from court for his removal. The the true owner can avail his right up to 20 years. Even after 20 years the trespasser does not procure any right over the land. It is only the true owner’s bad luck that he has no remedy after passing 20 years.
niranjan
(Expert) 22 December 2009
Mr. Makkad is perfectly right,that only the ingrediants.
Parveen Kr. Aggarwal
(Querist) 22 December 2009
Friends, I would like to draw attention of all of you towards Article 65 in the Schedule appended to the Limitation Act, 1963 as well as towards section 27 of the Act. Section 27 provides for extinguishment of right of owner whereas Article 65 provides for limitation of 12 years for filing a suit for possession on title. The noticeable point is that column three says that such time begins to run from the date when the possession of the defendant becomes adverse to the plaintiff. It means that it is only the defendant who can claim adverse possession and not the plaintiff. So in my opinion no plaintiff can claim adverse possession and thus suit for declaration for claiming adverse possession cannot be filed
N RAMESH.
(Expert) 23 December 2009
Subject to correction, I would like clarify certain points discussed above;
The period of limitation is of 12 years in case of private property, under Art.65.
So far as Government property is concerned, Art. 112 prescribes a requirement of thirty years for prescribing title by adverse possession.
Mr Praveen, Art 65 deals with the situation wherein the owner files suit of possession of the property. Hence column three says about defendant.
Under section 27, to establish that the right of the owner extinguished and also to declare the acquisition of title by adverse possession, suit for declaration can be filed.
Parveen Kr. Aggarwal
(Querist) 23 December 2009
Is there any provision other than ibid whereunder claim for adverse possession can be made?
subhash kumar
(Expert) 26 December 2009
Dear friends, after 12 years of uninterupted possession of property the occupant can filed the suit for declaration and on the state land after 30 years of un interupted possession the occupant can file suit for declaration is well within the law .
subhash kumar, adv.
Parveen Kr. Aggarwal
(Querist) 01 January 2010
Is it not so that a plaintiff cannot claim adverse possession and it is only the defendant who can claim adverse possession?
