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Claiming Possession of Shop After 40 Years
2 months ago
My grandfather divided the house into two parts. In the will, it is mentioned that half of the property is ours, and the house has 6 rooms and one shop. We have had possession of the shop for 40 years, and they have possession of 4 rooms, while we have possession of the remaining 2 rooms. Another brother wants to claim half of the property, but my father has had possession of the shop for 40 years Now, I can claim the area of the shop for myself, as I have had possession of it for 40 years and rest of the thing can divide.
A.Dear Client,
To establish ownership through adverse possession, the claimant must continuously and uninterruptedly occupy the property for the entire statutory limitation duration. The possession should be hostile, indicating that the claimant occupies the land without legal title awareness. As per Article 64 of the Limitation Act, 1963, a 12-year limitation period applies to claims based on previous possession, not on title. Article 65 of the same act sets a 12-year time limit for a suit for possession based on title, starting from when the defendant's possession becomes adverse to the plaintiff. Failure to file a possession claim within the specified period extinguishes the owner's rights, and the possessor becomes the owner by right. In this scenario, it is advisable to initiate a civil suit under Article 64 of the Limitation Act in a Civil Court to assert ownership based on adverse possession.
To establish ownership through adverse possession, the claimant must continuously and uninterruptedly occupy the property for the entire statutory limitation duration. The possession should be hostile, indicating that the claimant occupies the land without legal title awareness. As per Article 64 of the Limitation Act, 1963, a 12-year limitation period applies to claims based on previous possession, not on title. Article 65 of the same act sets a 12-year time limit for a suit for possession based on title, starting from when the defendant's possession becomes adverse to the plaintiff. Failure to file a possession claim within the specified period extinguishes the owner's rights, and the possessor becomes the owner by right. In this scenario, it is advisable to initiate a civil suit under Article 64 of the Limitation Act in a Civil Court to assert ownership based on adverse possession.
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A.Dear Client,
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. 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. In the given situation, file a civil suit under Article 64 of the Limitation Act before the Civil Court claiming ownership of the property based on adverse possession. Reach out to an Advocate for guidance and steps.
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. 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. In the given situation, file a civil suit under Article 64 of the Limitation Act before the Civil Court claiming ownership of the property based on adverse possession. Reach out to an Advocate for guidance and steps.
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