<\/span><\/h2>\n\n\n\nUsually, after the expiry of the statutory period\nof limitation, there will not be any cause of action. This means that the\ntrespasser or the adverse possessor acquires the title, right, and interest of\nthe real owner of the property. Moreover, the adverse possessor becomes qualified\nto deal with the said property in the manner he or she wants or desires.<\/p>\n\n\n\n
The Hon\u2019ble Supreme Court in the case, \u201cKarnataka\nBoard of Wakf v. Government of India and ors,\u201d <\/strong>explained in detail about\nthe characteristics of Adverse Possession. Moreover, the apex court also\nclarified that the onus of proving facts or the establishing title is on the\nclaimant, i.e., the adverse possessor. <\/p>\n\n\n\nHowever, the Apex Court in the case, \u201cState of\nHaryana v. Mukesh Kumar and ors<\/strong>,\u201d decided the case in favor of the property\u2019s\nactual owner and also stated that the law relating to adverse possession was\narchaic and must be utterly looked into. It further said that in the case of adverse\npossession, a trespasser who is guilty was able to acquire the legal title over\nthe property. Hence, this court found the legal system recompensing and rewarding\nan illegal act baffling.<\/p>\n\n\n\n<\/span>What are the Facts to Prove for claiming Adverse Possession?<\/strong><\/span><\/h2>\n\n\n\nThe Plea of Adverse Possession\nis a blend of law and fact. Hence, it is not a pure question of law. As a\nresult, any person claiming adverse possession must show the following listed\nbefore the court:<\/p>\n\n\n\n
- The Date of Possession<\/li>
- The Possession was recognized to Public<\/li>
- The Nature of the Possession<\/li>
- The Continuity of the Possession<\/li>
- The Duration of the Possession<\/li><\/ol>\n\n\n\n
Hence, any person pleading\nadverse possession and is trying to overthrow the rights of a true owner, is\nrequired to establish all facts essential to his adverse possession.<\/div><\/p>\n\n\n\n
<\/span>Who are the Exceptions to the Doctrine of Adverse Possession?<\/strong><\/span><\/h2>\n\n\n\nThe listed below are some cases where the claim of\nadverse possession will not be acknowledged by the court:<\/p>\n\n\n\n
- Co-owners<\/strong>:\nThe occupancy by one co-owner shall be presumed to be in favour of all the\nco-owners. Hence, in order to establish ouster or ejection, a proof of\nsomething more than the mere exclusive receipt of income and possession is\nrequired.<\/li>
- Co-sharers<\/strong>:\nWhenever a possession is under a prearrangement between the co-sharers, then no\nquestion concerning adverse or wrongful possession will arise.<\/li>
- Shebait<\/strong>:\nIt is no possible for a Shebait to claim adverse or wrongful possession, as an individual\ncannot demand hostile title against the deity.<\/li>
- Permissive Occupant<\/strong>: The property concerned being used for a long duration\nby the permissive occupant is barely adequate to alter the nature of permissive\npossession into an adverse or wrongful possession<\/li>
- Interference with Possession<\/strong>: It is a well-recognized law that mere interference by\nthe rightful owner regarding the possession would not be sufficient to denote\nthat he or she has been evicted or dispossessed except such interference results\nin ejection from any part of the land.<\/li>
- Trespasser<\/strong>:\nMere illegal possession by a trespasser will not result in an adverse or\nwrongful possession unless the same is accompanied by the assertion of hostile\ntitle.<\/li><\/ol>\n\n\n\n
<\/span>How can one\nProtect his Property from Wrongful Possession?<\/strong><\/span><\/h2>\n\n\n\n- If an\nindividual wants to protect his property from any illegal or wrongful\npossession, he needs to hire an experienced property lawyer who deals with property\nmatters. The foremost thing advised by a property advocate is never to leave\nthe property abandoned and vacated for a long duration.<\/li>
- Further, it\nshall be pertinent to take into consideration that NRIs are particularly easy\ntargets for those people who make it an occupation to inhabit land unlawfully\nand acquire adverse or wrongful or illegal possession of the property. <\/li>
- Furthermore, it is essential and significant to timely\nchange the property\u2019s caretakers. The reason for the same is that no individual\ngets to occupy or live in the property for a considerable period.<\/li><\/ol>\n\n\n\n
<\/span>What is the Judicial\nFlux related to Adverse Possession in India?<\/strong><\/strong><\/span><\/h2>\n\n\n\nThe\nlaw concerning Adverse\/ Wrongful\/ Unlawful Possession being a just and\nequitable principle has always been a developing and progressing concept.\nHowever, the said growth and progression of it has resulted in a position of Judicial\nFlux.<\/p>\n\n\n\n
The\nApex court in the cases named, \u201cP.T. Munichikkanna Reddy and others v.\nRevamma and others,\u201d<\/strong> and \u201cState of Haryana v. Mukesh Kumar and others,\u201d<\/strong>\nmade suggestions to the lawmakers that there is an urgent need to amend the law\nconcerning adverse possession. Moreover, the Hon\u2019ble Supreme Court stated that\nthe main purpose for the amendment should be that a trespasser or tortfeasor\nmust not be permitted to capitalize or gain from his fault.<\/p>\n\n\n\nFurther,\nin the case named, \u201cHemaji Wagaji Jat v. Bhikhabhai Khengarbhai Harijan and\nothers,\u201d<\/strong> the law legalizing the possession of a tortfeasor or trespasser,\nand forcing the real owner to drop his possession because of his inaction and\ndelay in getting back possession within the statutory period of limitation was\nquestioned. For which the Hon\u2019ble Supreme Court sent a recommendation to the\nMinistry of Law and Justice to utterly contemplate and make appropriate changes\nin the law concerning illegal or adverse or wrongful possession.<\/p>\n\n\n\nAfter\nthat, the Government then asked the Law Commission to draft a report on the\nsaid issue on an urgent basis. As a result, the Law Commission formulated a Discussion\nDocument cum Questionnaire on the said matter. The reason for drafting the questionnaire\nwas to examine all the Pros and Cons relating to the law of adverse possession.\nMoreover, the Law Commission also considered the Positives and Negatives concerning\nits effect on the society if the same is abolished. <\/p>\n\n\n\n
Furthermore,\nthe Apex Court lessened the ambit of Adverse\/ Wrongful Possession in the case, \u201cDagadabai\n(dead) by Lrs v. Abbas alias Gulab Rustum Pinjari.\u201d<\/strong> In this case, the\nHon\u2019ble Supreme Court held that the claimant or defendant or the adverse\npossessor pleading possession is firstly required to acknowledge the ownership or\nthe title of the real owner.<\/p>\n\n\n\nAlso,\nthe Hon\u2019ble Supreme Court circumscribed the purview of the notion of adverse or\nillegal possession in the case named, \u201cMallikarjunaiah V. Nanjaiah.\u201d <\/strong>In this case, the Apex Court declared that\nthe plea of wrongful or illegal possession can only be used as a defense. Hence,\nthe fact of continuous possession on the land, for a longer duration of time will\nnot cloak the defendant or the claimant with the right to hold up a defense of\nadverse possession. Lastly, the claim of adverse possession must be raised only\nfor a specific limit of land.<\/p>\n\n\n\nHowever,\nrecently the ambit of the law of adverse possession was broadened by the\nHon\u2019ble Supreme Court in the case, \u201cRavinder Kaur Grewal v. Manjit Kaur.\u201d <\/strong>In\nthis case, the Apex Court held that a plaintiff has a right to file a suit for claiming\nadverse or wrongful possession. It also stated that the said right is not only\nheritable but also transmissible. Moreover, the Apex Court has also allowed for\ntacking or appending of adverse possession by two or more individuals on acknowledging\nthe said right to be a transmissible and heritable one. But it shall be\nnoteworthy to note that the same is concerning only individual properties.<\/p>\n\n\n\nHence,\nby the said judgment, the Apex Court has now amplified and broadened the\nplaying arena from what was earlier being used as an Armor to being considered\nas a weapon as well. The same is beneficial for the possessor or the claimant\nclaiming legal title by way of Adverse Possession. <\/p>\n\n\n\n
<\/span>Conclusion<\/strong><\/span><\/h2>\n\n\n\nThe law concerning\nadverse or wrongful possession is therefore evidently in a status of Judicial Flux\nand urgently needs conclusive legislative action to settle the position. Moreover,\ntime and again our Indian governments have tried to eradicate this unpretentious\nbut then again yet deep-seated model of the law concerning possession, even if\nthere was no legal title to defend but the same has been incapable of doing it\ntill day.<\/p>\n\n\n\n
At present, the Indian government\nis making efforts to entirely get rid of the concept of Adverse Possession. For\nwhich the government by way of its Union Budget 2020 to 2021, urged all the State\nGovernments to embrace the Model Agriculture Land Leasing Act, 2016. The intent\nof the Central Government is, therefore, crystal clear from the whys and\nwherefores given by them for formulating this Act.<\/p>\n\n\n\n
Further, the period of twelve\nyears is inadequate and also does not obey with Article 112 of the Limitation\nAct, 1963, or International Statues itself. Therefore, the statutory period of\nlimitation must be increased from twelve years to thirty years or so.<\/p>\n","protected":false},"excerpt":{"rendered":"
The concept of Adverse Possession deals with the process of acquisition of legal title by the individual in possession of the said property regardless of not being the owner. As per this concept, if the possessor or the person having possession (of the property in question), stays in the property for a continuous period of […]<\/p>\n","protected":false},"author":12,"featured_media":1802,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[28],"tags":[],"class_list":["post-1801","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-civil-law"],"acf":[],"yoast_head":"\n
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