Yes, only if the following requisites are complied with: –
- Possession must be uninterrupted and peaceful
- It must be continuous for 30 years.
FAQ Category: Adverse Possession
How can I get my property vacated from the tenant who is in possession of the property for the last 13 years? He is stating his claim on adverse possession. Will he succeed?
To claim adverse possession, the possession of the property must be with the trespasser. In the current situation, the actual owner gave the possession to the person as a tenant, and thus he cannot claim the plea of adverse possession.
Please explain, if it is necessary that a property is to be acquired by a trespasser to claim the plea of adverse possession?
One of the essential to claim adverse possession is that the possessor must occupy the property without any knowledge of the original owner. Hence, the possessor must be a trespasser.
I have been in possession of the property for 31 years, and the owner of the property appointed me as a caretaker. Can I claim the plea of adverse possession?
To claim the property based on adverse possession, the possessor must occupy the property without the knowledge of the actual owner. Thus, if the property is occupied by you, being the caretaker, you cannot take the plea of adverse possession if the property owner has been visiting the property and the possession was interrupted.
A property was purchased by my father 20 years ago, but a trespasser occupied the property. My father got to know about it a few days back, when the trespasser filed a suit to claim the ownership of the property. We were in this belief that the property is vacant. Can he succeed?
In such a situation, if the trespasser occupied the possession of the property for a continuous period of 12 years and your father did not interrupt the same, then the trespasser can claim the property based on adverse possession.
Can you elucidate a judgment stating that the adverse possession can be claimed as a shield and a sword?
In Ravinder Grewal & Ors. v. Manjit Kaur & Ors., the Hon’ble Supreme Court held that a person holding possessory title, i.e., title by Adverse Possession can use it as a ‘sword’ as the Plaintiff and as a ‘shield’ as Defendant within the purview of Article 65 of the Limitation Act, 1963.
How can a person get the title by adverse possession?
To acquire title by the plea of adverse possession, the following requirements must be complied with: –
- Possession must be uninterrupted and peaceful
- It must be continuous for 12 years.
Is it mandatory that the possessor must establish a period of 12 years to claim the ownership of the property?
Yes, it is mandatory to show that the possessor enjoys the possession for a continuous period of 12 years.
What are the basic requirements to establish the claim of adverse possession?
The basic requirements to such a claim are as follows: –
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- Uninterrupted possession
- Possession must be continuous.
- Possession must be enjoyed by the possessor for 12 years (in the case of an individual) and 30 years (in the case of the Government)
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