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Q.

How to prove adverse possession in India?

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5 2021-11-03T16:14:09+00:00

Adverse possession law in India is the concept of property possession by an individual who is not the original owner but remains in possession of property for 12 years. Such a possessor resides in the property with the knowledge but without the permission or interference of the owner. 

Adverse possession of land under Article 65 - Schedule 1 of the Limitation Act says the rights of the original owner get extinguished if they fail to take any action for recovery of possession of land within 12 years. 

How to prove adverse possession in India?

The adverse possession of land in India can be proved if:

  • The nature of possession of the immovable property is visible, hostile, and continuous without any intrusion period

  • The intention to possess land must be accompanied by intention of owning the property

  • The adverse possession cannot be claimed if the owner allows the possessor to live in the property as long as they want out of charity or any other reasons

Information required to prove adverse possession of land

In the court of law you will have to disclose the following information:

  • Date of possession

  • Nature of the possession

  • Possession was known to public

  • Duration of the possession

  • Continuity of the possession

I hope now you have an idea about adverse possession law in India and how to prove adverse possession.

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