Legal Question in Real Estate Law in India

Re: adverse possession

1) Adverse possession Comes under Article 65 of the Indian Limitation Act.

2) Adverse possession means Hostile Title against the true owner ie. to claim title against the true owner by virtue of long and continous possession

3) For adverse possession following indegriants are required

a) You should have long, contineous, open and uniterrupted possession of the property for period not less then 12 Years so to be held adversely. It is necessary to reckon as to from when such period of 12 years beguin to run.

b) Enjoyment of the property with the clear intention to ouster the real owner, ie. one should have knowledge of him not being real owner but some one else

c) Such possession should not have been in terms of any legal contract or any permission

Re: adverse possession

Adverse Possession is possessing somebody else's property as owner thereof i.e. Hostile Title. To perfect title by adverse possession, there should be adverse possession of minimum 12 years.

Re: adverse possession

Adverse possession is one of the means of acquiring title to property by continued possession over a period of time and is also a possession which is adverse or oppossed to one's interest, or unfavourable or harmful or detrimental or prejudicial to the interest of the real owner of a property. So, AP means hostile possession which is expressly or impliedly in denial of the title of the true owner. Such hostile posession has to run continously without interruption for a period of 12 Years.

Re: adverse possession

For claiming adverse possession under the Laws applicable in India one has to hold the property in open, hostile and uninterrupted possession adverse to its owner for a continuous period of 30 years. This would confer prescriptive title on the holder in possession.

Re: adverse possession

Adverse Possession is possession in continuity, in publicity, and in extent of area to show that it is possession adverse to the competitor. The alleged Adverse Possession must have all the qualities of adequacy, continuity, exclusiveness and publicity to qualify for Adverse Possession. So, if a party is relying on Adverse Possession has merely done some acts of possession during the 12 years, and his possession does not cover the whole period and applies only to a small portion of the land, it is not sufficient, as laid down in Radha Moni Devi Vs. Collector of Khulna ILR (1900)27 Cal943. Adverse Possession is commenced in wrong and is aimed against right. A person is said to hold the property adversely to the real owner when that person, in denial of the owner�s right, excluded him from the enjoyment of his property. The classic requirements of Adverse Possession are that the possession must be nee vinec calm nec precario, that is to say, the possession required must be adequate in continuity, in publicity and in extent.

The commencement of Adverse Possession, in favour of a person, implies that the person is in actual possession, at that time, with a notorious hostile claim of exclusive title, to repel which, the true owner then be in a position to maintain an action.

When the period of limitation would begin to run under this Act against a like suit by a private person.A person, who claims title to the property by Adverse Possession, must definitely allege and prove how and when Adverse Possession commenced, what was the nature of his possession and whether the fact of his Adverse Possession was known to the real owner.

A minor can never set up a possessory title adverse to the interests of the true owner till he attains majority.

The interval or a point of time during which the Adverse Possession is not in actual enjoyment constitutes a break and puts an end to the continuity of the Adverse Possession. The possession of the true owner is presumed during such period. If there is resumption of the adverse enjoyment such enjoyment again starts from that point of time. The Adverse Possession held previous to the break is completely wiped off.

Hence, Adverse Possession has to be in the knowledge of the real owner and it is an act in rem and not in personum i.e. to say that the knowledge of holding a particular property adversely should be known to the world at large.

The period of Limitation is normally 12 years, 30 years in case of public property,and under continuous possession.