Is there any law on Adverse Possession in India? How adverse possession works? Is my property safe of possession? How can I ensure that I am safe from Adverse Possession? Do you also have all these questions in your head? Don’t worry we will solve all your problems in this article.
We give our property to other people sometimes we give for rent. Sometimes we give it for some other purposes. When we give it we have our right over it. But when the other person takes it without our permission then it becomes possession. Adverse possession is when someone acquires property by unsolicited means. And for that Supreme court has held that a person who has acquired right over a property as it was in his possession for 12 years can file a suit to reclaim it in case of forced dispossession by the original owner or any other party.
In 2004: A two-judge bench of the Supreme Court gave a landmark Judgement. That the law of adverse possession will not come into existence in India. But later in a landmark case, it was changed. The judgment of the case is discussed below:
Ravinder Kaur vs Manjit Kaur
It was a decision of a 3 judge bench. The Supreme Court of India set aside the judgment of 2004. And said that from now onwards the law of adverse possession will be implied in India.
The time lime under which adverse possession can be claimed:
The doctrine of adverse possession is defined under article 65 of the Limitation Act which specifies 12 years up to which a claim of title over the immovable property is applicable. But the count of 12 years starts when the possession of the defendant becomes adverse.
Here we are not talking about the rented properties. We are talking about the possessed properties. And the second thing is it is not applicable for Government properties. After the period if the owner of the land comes and asks the other party to leave. Then, in that case, the other party has the right to file a suit against the owner.
The Supreme Court also mentioned that they feel there is still hope for improvement. And Supreme Court also mentioned that they are referring it to the higher bench for further improvement.
To save yourself from this law one has to be cautious about his property. He needs to know whether his property is in someone’s possession or not. And if it is under possession then a proper complaint should be filed before the completion of 12 years.
Still, have any legal doubt, contact the Legal Experts of Aapka Consultant.com
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