How to void adverse possession
1 week ago
Hi. I have an ancestor property and it was on my father name, then he transferred on my name in the year 2014, and i started the construction in the year 2017. After the construction, my neighbor who is adjacent to me is not allowing to build the compound wall on my boundary line and also he encroached 4′5′’ * 4′ in the front side of my compound wall which is the set back land for me, and he is not allowing me to put compound wall and gate, also i got the survey report which is saying the same he encroached 4′5′’ * 4′
i approached Muncipal and given written and online complaint multiple times but no response from them.
Also he is falsely calming that the his encroached compound wall is being built before 2005, and his intention is for adverse possession. So can he claim for adverse possession? and what petition can i file on him
A.Dear sir,
You can file a suit for permanent injunction against that person and continue your construction of compound wall.
You can file a suit for permanent injunction against that person and continue your construction of compound wall.
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A.Dear Client,
A person can claim ownership over the property through adverse possession if he proves continuous and uninterrupted possession over the property for a period of 12 years as prescribed under the Limitation Act, 1963. Article 64 and 65 of the Limitation Act provides 12 years limitation period to file the claims for disposition of property. Further, Section 27 of the Act states that if the suit of claims is not filed within the period of 12 years then the owner looses his right over the property and other person who possess the property during this period can claim ownership over it through adverse possession. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, in this case, going by the claims of the defendant, he is entitled to the ownership over the property as he is in adverse possession of land for 12 years (i.e. from 2005 to 2017) and your suit to claim ownership over the land is time barred. However, if you think that his claims of possessing the property from 2005 are false, you can file a suit before the jurisdictional Civil Court to disprove the point of possession of property by defendant and seek for the clarity in title and ownership.
Hope this helps.
Thank you.
A person can claim ownership over the property through adverse possession if he proves continuous and uninterrupted possession over the property for a period of 12 years as prescribed under the Limitation Act, 1963. Article 64 and 65 of the Limitation Act provides 12 years limitation period to file the claims for disposition of property. Further, Section 27 of the Act states that if the suit of claims is not filed within the period of 12 years then the owner looses his right over the property and other person who possess the property during this period can claim ownership over it through adverse possession. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, in this case, going by the claims of the defendant, he is entitled to the ownership over the property as he is in adverse possession of land for 12 years (i.e. from 2005 to 2017) and your suit to claim ownership over the land is time barred. However, if you think that his claims of possessing the property from 2005 are false, you can file a suit before the jurisdictional Civil Court to disprove the point of possession of property by defendant and seek for the clarity in title and ownership.
Hope this helps.
Thank you.
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A.Dear Client,
It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, if the neighbor is able to prove his false claim that he made the wall in 2005, then based on adverse possession his claim may be upheld by the Court. Even, in a suit for declaration of title to property under Sec.34 of the Specific Relief Act, the period of limitation is 3
years under Art.58 of the Limitation Act, and it commences from the date of denial (oral or written, express or implied) of his title. In the given scenario, reach out to an experienced Advocate for guidance and steps.
It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, if the neighbor is able to prove his false claim that he made the wall in 2005, then based on adverse possession his claim may be upheld by the Court. Even, in a suit for declaration of title to property under Sec.34 of the Specific Relief Act, the period of limitation is 3
years under Art.58 of the Limitation Act, and it commences from the date of denial (oral or written, express or implied) of his title. In the given scenario, reach out to an experienced Advocate for guidance and steps.
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