Introduction to Adverse Possession
Adverse Possession, often referred to as “squatter’s rights,” is a legal principle that allows a person to claim a property right in land owned by another. This doctrine is based on the idea that if the property owner does not exercise their property rights, they may lose them. The concept of Adverse Possession finds its roots in the Hammurabi Code dating back to 2000 BC and has been incorporated into Indian law, with much of its legal framework influenced by English law.
Understanding Adverse Possession in the Indian Context
In India, adverse possession means that a trespasser or a stranger who comes into possession of the land must be in exclusive and continuous possession and without interruption for a certain period of time, typically 12 to 30 consecutive years depending upon the classification of ownership i.e., Private or Government of the land. The law of Adverse Possession is contained in the Article 65 Sch I of the Limitation Act 1963, which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.
Legal Requirements for Adverse Possession in India
To successfully claim land under adverse possession in India, the claimant must demonstrate that their occupation of the land meets several requirements:
- Continuous Use: The adverse possessor must show they’ve been in continuous and uninterrupted possession of the property in question.
- Hostile and Adverse Occupation of the Property: The possession must infringe on the rights of the actual owner. If the owner consents or gives license to the adverse possessor’s use of the property, possession is not hostile and it is not really adverse possession.
- Open and Notorious Possession: The person seeking adverse possession must occupy a property in a manner that is open, notorious, and obvious. The true owner is not required, however, to be aware of the occupation.
- Actual Possession: The possessor must actively possess the property for the state’s predetermined statutory period, which may vary from 12 to 30 years. Possession may involve maintaining the land and, depending on state law, paying taxes.
- Exclusive Use: The property is used solely by the disseisor, excluding any others from using it as well.
Adverse Possession and Property Taxes in India
In many jurisdictions, proof of payment for the taxes on a property and a deed is essentially required for the claimant to be successful. Each state has a time period during which the landowner of record can invalidate the claim at any time. For example, if the state threshold is 20 years and the landlord paints or pays for other maintenance on the house in question in the 19th year, then the claimant will have a difficult time proving adverse possession.
Landmark Cases of Supreme Court of India related to Adverse Possession
The concept of adverse possession has been tested and clarified in various landmark judgments in India. Here are a few notable ones:
Poona Ram vs. Moti Ram (D) Th. Lrs. (2019), CIVIL APPEAL NO. 4527 OF 2009
In this case, Moti Ram claimed possessory title over a property based on his prior possession for several years, despite having no documents to evidence his possession. Poona Ram, on the other hand, submitted his title deeds to the property, claiming a better title. The Supreme Court observed that a person who asserts possessory title over a particular property will have to show he is under settled or established possession of the said property. The Court held that such possession over the property which has existed for a long period and such effective possession of a person without a title would entitle him to protect his possession, similar to that of a true owner.
Nair Service Society Ltd vs. K.C Alexander (1968), 1968 AIR 1165, 1968 SCR (3) 163
In this case, the Court held that a person in possession of land in the assumed character of the owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against the entire world except for the rightful owner. The defendant must show in himself, or his predecessor a valid legal title and probable possession before the plaintiff’s possession, and thus be able to raise a presumption prior in time.
Vidya Devi V The State of Himachal Pradesh and Ors (2020), CIVIL APPEAL NOS. 6061 OF 2020
In this case, the Supreme Court granted relief to an 80-year-old, illiterate widow whose land was forcibly acquired by the Himachal Pradesh Government without following due process of law for the purpose of road construction. The Court held that a state being a welfare state cannot invoke the doctrine of adverse possession to perfect title over land grabbed from private citizens.
Karnataka Board of Wakf v Government of India, Appeal (civil) 16899 of 1996
In this case, the Supreme Court held that a proprietor would be considered to be in control of a property insofar as there is no interruption. The title of the property won’t be affected if it is non-used by the owner for a long time. But if someone else claims the property and affirms rights over it and the individual having title omits to make a lawful move against such individual for quite a long time together, then the situation will be modified.
These cases illustrate the complexity of adverse possession and how it has been interpreted and applied in various contexts within the Indian legal system.
Preventing Adverse Possession in India
Landowners can prevent a trespasser from gaining property ownership by taking some easy measures:
- Identify and mark your property boundaries.
- Inspect your land regularly for signs of trespassers.
- Use “no trespassing” signs and block entrances with gates.
- Have signed agreements for any use of an owned property.
Conclusion
Adverse possession is a complex area of property law that rewards the productive use of land and punishes landowners who “sleep on their rights.” Understanding the principles and requirements of adverse possession can help property owners protect their rights and prevent unwanted claims on their property.
Frequently Asked Questions on Adverse Possession in India
1. What is Adverse Possession?
Adverse possession, often referred to as “squatter’s rights,” is a legal principle that allows a person to claim a property right in land owned by another. This doctrine is based on the idea that if the property owner does not exercise their property rights, they may lose them.
2. Can Adverse Possession be Claimed as a Right?
Adverse possession is not a right but a legal doctrine that can be invoked under specific circumstances. It is a negative and consequential right that arises due to the negligence of the true owner.
3. How Can a Person Get the Title by Adverse Possession?
To claim land under adverse possession in India, the claimant must demonstrate that their occupation of the land meets several requirements: continuous use, hostile and adverse occupation of the property, open and notorious possession, actual possession, and exclusive use.
4. What is the Period Under Which Adverse Possession Can be Claimed?
In India, the statutory period for claiming adverse possession is 12 years for private properties and 30 years for government-owned properties.
5. Can the Property of the Government be Acquired by Adverse Possession?
Yes, if the property of the Government has been occupied for over 30 years, the possessor can claim the same based on adverse possession.
6. Is it Mandatory that the Possessor Must Establish a Period of 12 Years to Claim the Ownership of the Property?
Yes, it is mandatory that the possessor must have been in possession of the property for more than 12 years to claim adverse possession.
7. What are the Basic Requirements to Establish the Claim of Adverse Possession?
The basic requirements to establish the claim of adverse possession include continuous possession, hostile and adverse occupation of the property, open and notorious possession, actual possession, and exclusive use.
8. Can a Tenant Claim Adverse Possession?
A tenant can claim adverse possession if they have been in exclusive, open, and continuous possession of the property for the statutory period without the landlord’s permission. However, this is a complex area of law and the specific circumstances of each case will be important.
9. Can Adverse Possession be Claimed Over a Vacant Property?
Yes, adverse possession can be claimed over a vacant property if the person has been in exclusive, open, and continuous possession of the property for the statutory period.
10. Can Adverse Possession be Claimed Over a Property Given on Lease?
The claim of adverse possession over a property given on lease is a complex issue and depends on the specific terms of the lease and the laws of the state. It is recommended to seek legal advice in such cases.
Century Law Firm
Topics Covered: Adverse Possession, Property Law, Squatter’s Rights, Intellectual Property, Property Rights, Real Estate Law, Property Taxes, Legal Requirements for Adverse Possession, Indian Property Law, Limitation Act 1963, Landmark Cases, Poona Ram vs Moti Ram, Nair Service Society Ltd vs K.C Alexander, Vidya Devi V The State of Himachal Pradesh and Ors, Karnataka Board of Wakf v Government of India, FAQs on Adverse Possession in India
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