The term adverse possession refers to a legal principle that grants title to someone who resides on or is in possession of another person’s land. The property’s title is granted to the possessor as long as certain conditions are met including whether they infringe on the rights of the actual owner and whether they are in continuous possession of the property. Adverse possession is sometimes called squatter’s rights, although squatter’s rights are a colloquial reference to the idea rather than a recorded law.
The ideology of adverse possession is outlined underneath Article 65 of the Limitation Act, 1963 that specifies the fundamental measure of 12 years up to that a claim of title over the immovable property is applicable. However, the count of twelve years starts once the possession of the suspect becomes contrary to the litigator. For example, A who is the owner of the land offers his property for maintenance to B, and once twelve years if he comes back to reclaim the property, the court will not entertain his suit in his favor.
The Supreme Court of India ascertained in Karnataka Board of Wakf vs. Government of India case that, “in the attention of the law, an owner would be deemed to be in possession of a property as long there’s no intrusion.” Thus, underneath Section 27 and Section 65 of the Limitation Act, 1963, the property of the initial owner of the land extinguishes if he does not interfere among the required cut-off date.
However, the cut-off date differs once the property may be a holding, then the suit against adverse property will be filed among twelve years underneath Article 65 of schedule I and once property is closely held by government then underneath Article 112 of schedule I of the Limitation Act, 1963, the limit of filing suit against adverse property is among thirty years.
Essentials Elements for Claiming Adverse Possession
a) There must be immovable or movable property.
b) The nature of possession must be visible, hostile, and in continuity without any intrusion for the period specified under the Limitation Act, 1963.
c) Adverse possession cannot be claimed for a short period of time under Article 65 of the Limitation Act, 1963.
d) The intention of possession of the land must be accompanied by the intention of owning the right of the ownership by such possession.
A lot of NRIs face problems with possession over their property. criminal possession and Adverse possession – each can cause major problems that NRIs face because of their prolonged absence from their native country.
