Can I Claim Land After 12 Years?

There are certain rules and regulations set by the government regarding the ownership of land and claiming procedure. There is a time limit set within which you can claim you land. So if you ask, can I claim land after 12 years, then the answer is NO. You cannot do anything and eventually have to lose the right to take an action and get your land back. As per The Limitation Act of 1980, you cannot claim your land after 12 years as it is the maximum time duration within which one can take action but after 12 years, the right will be annulled.

You can claim for public property within 30 years from the date of registration of the property in your name but in the case of private property, the maximum period is 12 years, after which no claim can be made. This must have helped you to know if you can claim land after 12 years or not as per the type of property, that is private or public property.

Such legal issues need experts to handle or else one can be misled easily.

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My lawyer friend explained to me about adverse possession of land when I went up to him with the question: can I claim land after 12 years India. He told me that the adverse possession of land law was introduced by the British rulers in our legal system and real estate market. I was confused when he told me about this law because I thought I was asking an entirely different question and he was giving me an entirely different answer. But the answer to my question was in this law itself. Let me explain to you how. 

Land ownership after 12 years

The law of adverse possession explains how a property is acquired through unsolicited means but is still accepted and very common in our country. This law states that if a person continues to be in the possession of a property for 12 or more years then they automatically get the ownership right over the property. If I tell you in simple words then if a tenant continues to stay in a rented flat for 12 years without any interruption from the owner of the property then they get the owner status of the property. The same thing happens with the land. 

Can I claim property after 12 years?

If you are a tenant and you have a rent agreement made for your tenancy then you do not come under the adverse possession law in India. However, if your lease agreement expires or if the owner of the property in which you are living has defaulted on any of the particulars that are mentioned in your rent agreement then the tenants can take advantage of this situation and file an ownership through the adverse possession law. But for that, you need to be living in that property for at least 12 years.

If you are the owner of such a rented property and if you have a tenant who has been living in your property for approximately 12 years you should keep in mind that you need to ask your tenant to vacate before they complete 12 years in your property.

I hope I was able to answer your question ‘can I claim land after 12 years India?’.

The law of adverse possession is a rule mentioned in Article 65 Sch-I of the Limitation Act, 1963. It prescribes a limitation of 12 years for a suit for possession of immovable property or any interest therein based on the title. The main aim of adverse possession India is to prevent chaos over a property after a certain period of time. This concept is a bit tricky. Let me help you out with the 12 year property rule in india. Read this answer thoroughly to the end to know it properly.

Before knowing 12 years possession of land or property, you have to learn the mandatory elements of adverse possession and they are-

• There must be a property in question

• There must be an actual possession of an individual claiming rights over the property.

• It is necessary that the person had been possessing the property continuously. 

• The possession must be with the intention of removing the real owner. 

• Dispossession of the true owner and 

• Possession of another essential for dispossession

Based on this is the supreme court judgement on 12 years possession. A person can only file for adverse possession if that individual abides by the criteria mentioned above. The supreme court judgement on land ownership is also the same. It states that the individual who is trying to assert possession title over a particular property will have to show that he/she is under settled or established possession of the said property. So this is the 12 years land ownership rule.

The concept must be clear to you now.

Can I claim ownership of land I have used for 20 years in India?

You can claim ownership of land or property after 20 years if there is no one to claim adverse possession of that property.   If you are still confused, consult with a lawyer and learn what is law of adverse possession in detail.

This concept is called adverse possession. The procedure by which ownership of another's land is obtained without his consent is known as adverse possession of the land. Adverse possession is a possession that is in opposition to the true owner of the property's original stake. It is possession while contesting the rightful owner's title. This guide is all about the Supreme Court judgement on possession of property.

What is 12 year land rule in India?

According to a ruling by the Supreme Court, a person who has obtained ownership of the property after possessing it for 12 years may bring a lawsuit. It is to reclaim it in the event that the rightful owner or another party forcibly removes them from it.

Can I claim property after 12 years?

As Survi said in the above answer, you cannot claim the property after 12 years. The Supreme Court made reference to the "doctrine of adverse possession”. According to this someone who was not the actual owner of the property becomes the owner. Because they have been in possession of it for at least 12 years. During which the true owner did not take legal action to remove them.

The actual owner of the land or property surrenders his ownership after hostile custody is established by the individual using improper methods. You can establish adverse possession, if the custody is:

• Open to public view

• Unfavourable

• Calm

• Recognized by the real owner

• Constant throughout the legal term

You are now aware of the Supreme Court judgement on possession of property.