Land dispute

Hi PV Krishna,

You can advise the families to take immediate legal steps to protect their rights over the land based on adverse possession and long-standing occupancy rights. Since they have been in continuous, peaceful, and uninterrupted possession of the land for over 60 years, they can claim ownership under the doctrine of adverse possession as per Article 65 of the Limitation Act, 1963.

The first step they should take is to file a declaratory suit in the civil court under Order 39 Rule 1 & 2 of the CPC seeking an injunction to stop the new claimant from disturbing their possession. They should also gather evidence, such as property tax receipts, electricity bills, voter ID, ration card, and any other government records proving their long possession.

The alleged owner claims to have a registered document from 1948, but mere ownership documents do not automatically grant possession rights if the land has been occupied by someone else for more than 12 years in the case of private property (as per the Supreme Court judgment in Karnataka Board of Wakf v. Govt. of India, (2004) 10 SCC 779). If they can prove hostile possession beyond 12 years, the claimant’s right may be extinguished under the Limitation Act.

To strengthen their case, they should immediately file objections before the revenue department and, if needed, seek a stay order from the court to prevent any eviction attempt. Consulting a civil lawyer like myself specializing in property disputes is crucial to properly drafting the injunction and adverse possession claim.

If needed further help, get in touch with me at 888-215-3399 on WhatsApp.