Under the legal concept of adverse possession, a person unlawfully residing on a piece of land for a certain period can claim legal ownership. Adverse possession claims are governed by the Limitation Act 1963. When a person not the owner of the piece of land enters into such land and continues to reside or use the land for a certain period, the person acquires the title to such land.
The land is a natural asset associated with wealth, and title ownership that comes with the rights of possession, preservation, and management vested upon the owner. However, these rights of the lawful owner are affected in exceptional circumstances where the suit property is in the physical possession of individuals other than the lawful owner. Ahlawat and Associates have expertise in Adverse Possession Law in India, having a specialized team dedicated to handling cases related to adverse possession and providing legal solutions for disputes arising from such situations.
Adverse possession is based on the presumption that the owner has abandoned the property to the adverse possessor. The law of Adverse Possession initiates the process of acquisition of title by adverse possession when there is inaction on the part of the actual owner to claim the rights over the suit property.
Adverse Possession Limitation Act provides a time bar for the actual owner to access the Court to operate the rights over the suit property, which is in possession of any other person. The plethora of Adverse Possession Case Laws in India has allowed the title to automatically shift from the actual owner to the adverse possessor by adverse possession after the expiry of the time bar.
The rationale behind the Adverse Possession Law in India is that land is required to be put to use judiciously instead of being left vacant. At the same, it provides the actual owner sufficient remedy to claim for the recovery of such land.
The Adverse Possession Law in India does not intend to penalize the actual owners for the negligence of their asserted rights over a disputed property; rather, it protects the rights of the individuals who have maintained, cared for, and developed a suit property over some time in the absence of the actual owner.
While pleading for adverse possession, the claimant does not have any equities favoring him as he is trying to compete with the rights of the actual owner. In the Court, the claimant is required to establish the facts as laid by the Adverse Possession Law in India to prove their claim. Adverse Possession under the Limitation Act set out the following essential conditions for claiming adverse possession: –
It must be noted that not all possession can be adverse possession. Here are the situations where the adverse possession can not claim:
Even though the Limitation Act governs the dispute of adverse possession, the simple application of the Adverse Possession Limitation Act is not enough to guarantee success in Adverse Possession claims. Therefore, our firm guides our clients, catering to their needs of preventing and claiming such adverse possession by referring to various Adverse Possession Case Laws in India to prevent our prestigious clients from facing any loss of property.
Our Approach includes guiding clients as follows:
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The Limitation Act of 1963 includes provisions dealing with the adverse possession of immovable property in India.
Upon gaining adverse possession over a suit property, the ownership title of the property gets transferred to the possessor, and he can exercise the rights over the property as an owner according to his discretion.
Yes, when the tenant fulfils the requisite conditions necessary to claim for adverse possession, he can claim for the same.
Ahlawat & Associates will provide you with extensive legal knowledge and years of experience that will help you navigate adverse possession disputes. We will be guiding you from the initiation of the case to its resolution at a competitive cost by providing you with effective solutions for your land disputes.
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