What is Adverse Possession?
ADVERSE POSSESSION OF A PROPERTY IN INDIA
Adverse Possession is that form of possession or occupancy of land where a person remained in uninterrupted possession of the land for more than 12 years (30 years in case of Govt. Land) despite the knowledge of owner of property and owner does not take any action to take the possession back from the property, then occupant becomes the owner of that property.
Claimant of Adverse Possession must establish the following:
- Date of Possession.
- Nature of Possession.
- Awareness of possession by the true owner.
- The continuity of possession.
- The public at large must be aware of the possession of claimant.
- Possession must be sole or absolute.
Note: Mere long possession of defendant for a period of more than 12 years without intention to possess the suit land adversely to the title of the plaintiff and to latter’s knowledge cannot result in acquisition of title by the defendant to the encroached suit land. A possession is adverse only if in fact one holds possession by denying title of the lessor or by showing hostility by act or words or in cases of trespassers as the case may be as against lessor or other owner of the property in question.
Land Mark Judgement on Adverse Possession
- Karnataka Board of Wakf v. Govt. Of India, (2004) 10 SCC 779.
https://indiankanoon.org/doc/1418721/
- Government of kerala & anr. Vs. Joseph & others
https://main.sci.gov.in/supremecourt/2010/8621/8621_2010_7_1501_45873_Judgement_09-Aug-2023.pdf
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