Legal Question in Civil Litigation in India

Can we claim adverse possession against co owner of the property(Agricultural land)

Asked on 6/14/13, 8:12 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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Dear Sir / Madam,

When a person dispossess the true owner from his land and his possession remains open continues, hostile, notorious without interruption to the knowledge of true owner for more than twelve years and utter inaction by owner despite knowledge then the trespasser acquires indefeasible right to defeat the title of true owner and asserts his title over the land by principle of adverse possession adverse possession is nowhere defined in Indian law.

Article 65 of limitation act describes the period to avail the recourse against trespasser but after the period expires the title of true owner is defeated by adverse possession twelve years in case of individuals and thirty years in case of State based on decisions on this by various high Courts and the Supreme Court.


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Answered on 6/15/13, 6:00 am

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