Adverse Possession Examples In India
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FAQ
Ownership is transferred to the possessor after 12 years of continuous possession, provided that the true owner did not take any action to reclaim the property. Ownership is obtained by the first person who claims and uses the land, regardless of the duration of possession.
Possession given to family member is often considered passively permissive and natural even if no formal agreement is signed on paper or any witness to verbal agreement exists. Therefore, the burden of proving that the possession was actively adverse shall be on the claimant.
Adverse possession is a legal concept that enables a person to claim ownership of a property by possessing it continuously and without interruption for a specified period of time. In India, the law governing adverse possession is governed by the Limitation Act, 1963.
Therefore, a person who claims adverse possession should show : (a) on what date he came into possession, (b) what was the nature of his possession (c) whether the factum of possession was known to the other party, (d) how long his possession has continued, and (e) his possession was open and undisturbed.
Ing to the Indian legal system, if a property owner fails to make a claim towards their property for 12 years, and the same tenant continues to occupy the property for 12 years, the ownership rights to the property is transferred to the tenant.