Questions Legal

What is the law on possession of the property?


Akash Mehta

I am a believer

Property ownership is something that is highly desired by each one of us. But this possession of the property is given after passing through several complexities. We all believe that the law is framed in favor of the owners, but there are several other legislation in practice in India to prove otherwise. One of those laws is known as the Limitation Act. The Limitation Act was framed in the year 1963 and speaks about adverse possession. The Act states that the legal owners need to claim their property within 12 years in case of private properties and for the government-owned ones within 30 years. If the same is not done then such delay will cause disputes in the coming time.

Adverse possession, also known as ‘squatter's rights’, is a legal principle based on which a person not having the legal title of the property—in maximum cases, the land gets legal ownership depending on the fact of continuous possession of the property without taking any permission of the legal owner. In general, the property owner has the full right to take possession of the owned property from the unauthorized possessors' hands via legal action or through lawful approach (within the above-mentioned stipulated time). 

Adverse ownership will only be possible when one is enjoying the property after having the information or knowledge regarding the fact as on whom the property title is vested. To claim ownership, this resident of the property needs to prove that their occupancy in the property remained uninterrupted for the above period. A claim cannot be made breaking the period of stay into halves. He/she also need to prove as per law that he or she remained the sole owner or occupant of this property. As per possession of property law, there cannot be multiple claimants.

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