Adverse possession is a legal concept that allows a person to acquire title to a property without the permission of the original owner. In India, this process is governed by the Transfer of Property Act, 1882.
Requirements for Adverse Possession in India
In order to claim adverse possession in India, the claimant must meet certain requirements. These include:
- The claimant must have been in possession of the property for at least 12 years.
- The claimant must have been in continuous and uninterrupted possession of the property for at least 12 years.
- The claimant must have had exclusive possession of the property for at least 12 years.
- The claimant must have had actual physical control over the property for at least 12 years.
- The claimant must have had an intention to possess the property for at least 12 years.
- The claimant must have paid all taxes and other dues related to the property for at least 12 years.
- The claimant must not have acquired the property through fraud or misrepresentation.
- The claimant must not have acquired the property through force or coercion.
- The claimant must not have acquired the property through illegal means or activities such as squatting or trespassing.
- The claimant must not have acquired the property through any form of government grant or subsidy program.
- The claimant must not be a minor or mentally incapacitated person when claiming adverse possession rights over a property in India.
- The original owner of the property must not be in possession of it during the period of adverse possession claimed by the claimant in India.
Benefits of Adverse Possession in India
Adverse possession can provide many benefits to claimants in India, including:
- It can provide legal ownership rights to those who are unable to purchase a property due to financial constraints or other reasons, such as lack of documents or proof of identity required for purchasing a property legally in India;
- It can help reduce disputes between neighbours over boundary lines;
- It can help reduce cases of squatting and trespassing on private properties;
- It can help reduce cases of illegal occupation and use of public lands;
- It can help reduce cases of fraudulent claims over properties;
- It can provide legal protection against eviction from properties; and
- It can provide legal protection against any claims made by third parties over properties that are already occupied by claimants who have established their rights through adverse possession in India