Property demarcation
shyam lal
(Querist) 14 June 2023
This query is : Resolved
My grand farther property which is within nagar nigam jurisdiction along with approved residential map and paying all up to date electrical and water bill for past 100 years .suddenly the neighbour adjucant plot claims as on date our area is part of his land.
What is the legal remedy to this situation?
Sudhir Kumar, Advocate
(Expert) 15 June 2023
let him come forward with some proof of ownership/possession and then refute the same.
Advocate Bhartesh goyal
(Expert) 15 June 2023
Well adviced by expert shri Sudhir Kumar, although electricity and water connections proves your possession but not ownership so let your neighbour's come forward with cogent proofs of ownership then refute.
kavksatyanarayana
(Expert) 15 June 2023
Yes. Agreed with the opinion of the above learned experts.
shyam lal
(Querist) 15 June 2023
Can Article 65 of the Limitation Act come into play/protection??
T. Kalaiselvan, Advocate
(Expert) 15 June 2023
If your neighbour is claiming the property which is under your possession and enjoyment for the period of over a century, he has to prove his title before court with substantial documentary evidences.
You can always challenge the same.
shyam lal
(Querist) 15 June 2023
Advocate Kalaiselvan does the limitation act demolish his claim ..
Advocate Bhartesh goyal
(Expert) 15 June 2023
Since you are in actual, continuous and exclusive possession of property without any interruption in use and occupation from more than 100 years so your neighbor ( suppose true ) has extinguished his rights and can't claim ownership.
Dr. J C Vashista
(Expert) 16 June 2023
Subject property is stated to be in the possession of your grandfather for more than 100 years (as per electricity and water bills) in the open and uninterrupted possession of your grandfather (as per electricity and water bills of more than 100 year) hence the claim of rightful title holder is not maintainable under Article 65 of the Limitation Act, 1963 which provides for adverse possession can be claimed against rightful titleholder.
Hon'ble Supreme court has held In the matter of: Bangalore Development Authority V/s N. Jayamma, Civil Appeal No. 2238 of 2016 (Supreme Court of India, Date of Decision: 10.03.2016, A.K. Sikri & R.K.Agrawal, JJ.), it was held that, it is well settled that adverse possession is proved only when possession is peaceful, open, continuous and hostile. Physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to be accounted for in order to constitute adverse possession.
Animus possidendi is one of the ingredients of adverse possession and unless the person possessing the land has the requisite animus the period for prescription does not commence.
Non-use of the property by the owner even for a long time does not affect his title. But the position alters when another person takes possession of the property and asserts a right over it. Adverse possession must start with a wrongful dispossession of the rightful owner and be actual, visible, exclusive, hostile, and continued over the statutory period.
