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Q.

I've been using land since 1990. Build a home on it but owner of the land don't want to transfer the ownership of the account to me. I only have the electricity bill as a document since 1998. Can I take land on my account as per law of adverse possession?

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6 months

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Adverse possession is a legal concept that allows an individual to acquire ownership of someone else’s property if they have continuously and openly possessed it for a specified period without the owner taking any action. Here are some key points regarding adverse possession:

  1. Essentials of Adverse Possession:

    • Immovable Property

      : Adverse possession applies to immovable property (such as land).

    • Actual and Exclusive Possession

      : You must physically occupy and control the land.

    • Uninterrupted Possession

      : Continuous possession without interruption.

    • Hostility Towards the Owner

      : Possession must be against the owner’s wishes.

    • Peaceful and Notorious Possession

      : Publicly known and visible possession.

  2. Duration:

    • In India, the limitation period for adverse possession is generally

      12 years

      .

    • If you’ve been using the land since 1990, you may meet this requirement.

  3. Evidence:

    • Your electricity bills from 1998 can serve as evidence of your possession.

    • Gather any other relevant documents or proof of your use and occupation.

  4. Consult Legal Experts:

    • Consult a property lawyer to assess your specific situation.

    • They can guide you on the legal steps to establish adverse possession.

Need help with legal scrutiny of property documents? Check out NoBroker Legal Services here

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