Adverse possession
2 months ago
My dad buy a land of 10 marlas in 1994 and 3 marlas in 1996 under same khasra no. So, total land is 13 marla. The land was vacant for 12-13 years and in 2006 my dad starts a construction of our house. Actually my dad did govt job in Punjab and buy a land in Jammu and Kashmir because my grandfather was army personnel and shifted to Punjab but we are basically from j&k. And we are also kashmiri migrant as we lost land in Kashmir valley since 1990.
Back to the topic, my dad didn't execute any registration of sale deed . I said I think agreement is the absolute ownership documents. Now I am want to transfer our land to my father's name. But the real owner is died and his heirs are permanently out of state and don't know the fact that there is a land of his father's name.
My question is that should I file adverse possession case in district court to transfer the land and become the absolute owner as we are living since 2006 on this land. We have electricity bills on my father's name, ration card, adhaar cards. Etc
A.Dear Client,
In cases of property disputes arising from an agreement to sell, it's crucial to note that such an agreement does not transfer property title to the buyer. Without both buyer and seller present, executing a deed of sale is not possible. As the legal heir, you cannot dispose of or sell the property without a valid ownership document.
To address this, you may consider asserting a claim for property title through the doctrine of adverse possession. Article 65 of the Limitation Act, 1963 imposes a 12-year time limit for a legal suit seeking possession of immovable property based on title by the owner or their legal heirs. The countdown begins when the defendant's possession becomes adverse to the plaintiff. Failure to file the claim within this period extinguishes the owner's right, allowing the possessor to become the rightful owner.
For adverse possession claims, continuous, uninterrupted, and hostile possession of the property for the entire statutory limitation period is essential. Article 64 of the Limitation Act, 1963 specifies a 12-year limitation for claims based on previous possession rather than title. Adverse possession laws stipulate that occupying private land for over 12 years or government land for over 30 years enables a person to claim ownership. In your case, a 17-year possession can potentially support a claim for ownership through adverse possession.
In cases of property disputes arising from an agreement to sell, it's crucial to note that such an agreement does not transfer property title to the buyer. Without both buyer and seller present, executing a deed of sale is not possible. As the legal heir, you cannot dispose of or sell the property without a valid ownership document.
To address this, you may consider asserting a claim for property title through the doctrine of adverse possession. Article 65 of the Limitation Act, 1963 imposes a 12-year time limit for a legal suit seeking possession of immovable property based on title by the owner or their legal heirs. The countdown begins when the defendant's possession becomes adverse to the plaintiff. Failure to file the claim within this period extinguishes the owner's right, allowing the possessor to become the rightful owner.
For adverse possession claims, continuous, uninterrupted, and hostile possession of the property for the entire statutory limitation period is essential. Article 64 of the Limitation Act, 1963 specifies a 12-year limitation for claims based on previous possession rather than title. Adverse possession laws stipulate that occupying private land for over 12 years or government land for over 30 years enables a person to claim ownership. In your case, a 17-year possession can potentially support a claim for ownership through adverse possession.
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A.Dear Client,
Your query involves complex questions of law and fact. An agreement to sale does not confer the title of the property to the Buyer. Now in the absence of both buyer and seller, a deed of sale cannot be executed. In the absence of a valid document conferring the ownership right of the said property, you being the legal heir cannot even dispose of or sell that property to anybody. Now the claim for the title of the said property invoking the theory of adverse possession is the only way left to you. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. The law on adverse possession provides that any person who is in possession of private land for more than 12 years or government land for over 30 years can claim ownership of the property by applying the theory of Adverse Possession. A person can claim the ownership of the property if he possesses the said property for the last 17 years on the grounds of Adverse Possession. Reach out to a Property Lawyer for guidance and steps.
Your query involves complex questions of law and fact. An agreement to sale does not confer the title of the property to the Buyer. Now in the absence of both buyer and seller, a deed of sale cannot be executed. In the absence of a valid document conferring the ownership right of the said property, you being the legal heir cannot even dispose of or sell that property to anybody. Now the claim for the title of the said property invoking the theory of adverse possession is the only way left to you. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. The law on adverse possession provides that any person who is in possession of private land for more than 12 years or government land for over 30 years can claim ownership of the property by applying the theory of Adverse Possession. A person can claim the ownership of the property if he possesses the said property for the last 17 years on the grounds of Adverse Possession. Reach out to a Property Lawyer for guidance and steps.
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