Adverse Possession In Indian Legal System: Rules For Claiming Ownership

By Author: NRI Legal
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Non-resident Indians (NRIs) may experience difficulties with adverse possession law in India because it may be difficult to defend property rights in their absence. Over time, unauthorized tenants may claim ownership as a result of absence, which could result in legal difficulties. To safeguard their interests, NRIs should keep an eye on their homes and take quick action to resolve any adverse possession concerns.
What Is Adverse Possession
According to legal theory, someone can legally take possession of someone else’s property by openly and persistently utilizing it for a predetermined amount of time without the owner’s consent. The usage must be antagonistic to the owner’s interests, actual, evident, and exclusive. The possessor may obtain legal title to the property upon fulfillment of specific requirements.
Is Adverse Possession Legal In India
By Indian law, adverse possession is recognized. Adverse possession law in India is governed under the Limitation Act, of 1963. As per the Act, an individual can obtain lawful title to another person’s property if they occupy it in an open, continuous, ...
... and uninterrupted manner for a predetermined statutory duration, which is often 12 years.
What Does The Doctrine Of Adverse Possession Say?
Under the doctrine of adverse possession, someone can legally assert ownership of someone else’s property by using and occupying it in public without the owner’s consent for a predetermined amount of time. This legal precept seeks to avoid latent ownership conflicts and encourage the effective use of land.
How Can NRIs Prevent Adverse Possession Of Their Properties?
Property Management
Hire a reliable property manager or designate a local representative to monitor and report on the property regularly. This will reduce the possibility of undetected encroachment and ensure that any problems are dealt with quickly to avoid accusations of adverse possession.
Legal Documentation
Keep complete and correct property records, including ownership documents, to provide a transparent legal trail and hinder squatters’ attempts to reclaim their property.
Regular Monitoring
Check the property’s status and condition on a regular basis, making sure that any unauthorized use is quickly discovered.
Adverse Possession Rules For Different Property Types
Rule On Registered Land
Adverse possession laws differ from jurisdiction to jurisdiction when it comes to registered land, but they usually call for hostile, continuous, and exclusive ownership for a set amount of time. Due to strict registration and notification systems, the adverse owner may have difficulties demonstrating ongoing occupation and other legal criteria.
Rule On Unregistered Land
Adverse possession requirements for unregistered land usually entail continuous, open, and exclusive possession for a predetermined statutory period, which might be anywhere between 10 and 30 years. Without permission from the owner, the possession must be hostile. Those who are successful in their application may register the land in their names, so removing the original owner’s title.
Rule On Agricultural Land
Agricultural land adverse possession laws often call for continuous, hostile, and open possession for a set amount of time, usually between 10 and 30 years. To make a valid claim for adverse possession, the occupant must demonstrate that they are a genuine cultivator by engaging in ongoing and active agricultural activities on the land.
Rule On Leasehold Land
For leasehold land, adverse possession regulations usually require hostile, continuous, and exclusive occupation for a predetermined amount of time. The lease agreements specify the exact requirements that the hostile possessor must meet. If a claim is successful, the lease may end and ownership of the property may be acquired through adverse possession procedures.
Documents Required To Prove Adverse Possession In India
The following are some essential documents required to prove adverse possession in India
Possession Acknowledgment Documents
Documents that could be interpreted as indicating the owner’s acceptance of the opposing possessor’s rights or agreement to occupy
Affidavits And Witnesses
Sworn declarations or testimony from witnesses endorsing the opposition possessor’s ongoing, hostile, and open possession
Tax Payment Records
Documents attesting to the opposing possessor’s adoption of ownership duties, such as receipts or records of property tax payments.
Title Documents
Records of ownership and historical documentation proving the claimant’s continuous possession and employment.
Survey Or Boundary Documents
Documents that show the borders of the occupied territory and how they correspond with the claimant’s ownership.
How To Claim Adverse Possession In India
Occupation and Possession:
Continuous Possession: For the duration of the statutory period, typically 12 years in most states and occupy the land in an open, continuous, and uninterrupted manner.
Hostile Possession: Take over the property against the owner’s will or without their permission.
Legal Proceedings:
File a Suit: Initiate legal actions by filing a suit in the relevant court, giving evidence of continuous and hostile possession.
Elements to be proved: Establish the elements of hostile possession, such as open possession, animosity, and the passage of the required time frame.
Court Decision: Should the case be successful, a decree recognizing adverse possession and transferring ownership may be granted by the court.
How Can We Help NRI’s Claim Ownership Of Their Property In India
We provide a comprehensive solution to enable NRIs to make claims to property ownership in India. Our USP is our ability to provide competent legal counsel that ensures compliance with Indian legislation. Our skilled staff simplifies the procedure for NRIs by navigating complicated rules. Our comprehensive assistance encompasses everything from document authentication to litigation support, optimising the likelihood of a triumphant lawsuit. Confidentiality, economy, and openness are guaranteed by our contracts. Count on us to provide NRIs with a committed strategy that blends legal knowledge and client-centered solutions, enabling them to restore their property rights. We prioritise your property issues to provide a flawless experience.
Conclusion
In conclusion, NRIs looking to regain property ownership in India need a specialized approach and legal knowledge. They need an all-inclusive service that guarantees an efficient and fruitful procedure with a dedication to openness, economy, and privacy. They may rely on our expertise to handle the nuances of Indian property laws, providing comprehensive assistance ranging from document authentication to appearing in court.
For professional guidance and support, visit [NRI Legal Services](https://www.nrilegalservice.com/) or contact us at +91-7428899979. We are committed to ensuring that your property matters are resolved efficiently and effectively, safeguarding your interests every step of the way.