Those who have spent their hard-earned money on real estate are always in danger of losing it because of a disagreement or fraud. After a certain period, anyone can claim ownership of your property without actually purchasing it because of the doctrine of adverse possession. Adverse possession happens because land should be used wisely and not left unoccupied. Let’s see how to prove adverse possession.
How Do You Prove Adverse Possession?
To prove adverse possession in India, you need to meet certain legal requirements and provide concrete evidence. You must have occupied the property continuously for a legally prescribed period. For private property, this period is typically 12 years, while for government property, it is 30 years.
Here are a few steps to prove adverse possession.
Collect evidence such as utility bills, tax receipts, witness statements, and photographs proving your possession during the required period.
File a lawsuit in the court to claim ownership of the property based on adverse possession.
Present your evidence in court to show continuous, exclusive, and hostile possession.
Ensure that the true owner has not taken legal action to reclaim the property within the prescribed limitation period.
I hope you understand how to prove adverse possession in India.
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Can tenant claim adverse possession?
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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
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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Authors Of The Question
How to prove adverse possession in India?
sakshi
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3 Year
2021-11-03T11:51:24+00:00 2021-11-16T12:49:36+00:00Comment
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