The establishment of human civilization and private property are related to each other, in the last hundred years this concept of adverse possession has become prevalent. Adverse Property Possession This topic is very important in today’s context, so we have taken this topic to present it in detail before you. Under this, we will try to know what is the social situation and what the law says. Because illegal possession and forcible possession of property these problems are seen in every person’s life.
If you have been living on government property for more than 30 years, we have to present proofs to prove your ownership. Same if we are living on a private property, then according to the decision of the Supreme Court of 2019, proof of your stay of 12 years has to be shown. Therefore, through this article, we will also see some exceptions to adverse property possession, where mere possession of the land does not prove your ownership, we will also see in detail.
We will try to know what the ancestral property, private property and government property possession is important for your ownership and also try to know what the law says and what decision has been given by the judiciary. To prove your ownership of any property, it is very important for us to have possession of that land in the court, so due to lack of basic information, many families in India have to go around the court for years. That’s why it is very important to have basic information in property matters, so this article is going to be very important.
What is Adverse Possession of Immovable Property ? –
There is no clear explanation written about adverse possession in the Transfer of Property Act, for this we have to look at Section 65 of the Limitation Act, where if you have been in possession of any land for 12 years, then the ownership of that land is yours. comes near For this, we have to prove your reality of 30 years on government land and 12 years of reality on private land. For this, the one who has possession of the land has to prove in the court with evidence that he has been in possession of the land continuously for 12 years.
Despite having primary ownership in adverse possession, if a person does not raise any objection to the avidya possession of his property for a certain period of time, then that property goes into the ownership of the person in possession. That’s why it is necessary for the owner of any property to be aware of his property rights, and ignorance shows his inability to achieve his rights. The time limit has been fixed through the law of limitation, according to that if we have any illegal occupation on our property then we have to file an objection in the court.
Therefore, the concept of adverse property possession is very important, in which the rights of the property are first confirmed on who has the ownership rights of the property. According to the decision given by the Supreme Court in 2019 on the opposite property rights, 12 years have been given for private property and 30 years for government property. For which the interpretation of limitation law has been used. In this, if the government land is reserved, then the possession of it is declared void, while the property given on rent through the rent agreement is considered an exception. Forcible possession, and with a few exceptions, certain provisions have been laid down in possession of property to the contrary.
History of Adverse Possession of Property Doctrine –
The basic basis of the establishment of civilization is considered to be the use of land as private property, and in history, the basic concept of expansionism is to occupy the land. It was molded into law in British India, in which in the 19th century, through the Transfer of Property Act, the judicial system began to be used for civil matters. What is called Adverse Position is not explained in the Transfer of Property Act, but it is seen in the Limitation Act, 1908 and 1963.
As the villages started getting urbanised, property disputes started increasing, it is not that earlier property disputes were not sown but its nature has started changing. So we see that changes were made in the limitation law and interpretation was made from time to time by the judicial system. Anyway, it takes a long time to get justice in civil matters, so having information about property matters is the biggest solution.
According to the law of 1908, the plaintiff i.e. the petitioner had to prove his proprietary right in the court, but under the reformed Limitation Act, now the defendant has to prove his adverse position with evidence and the plaintiff can only prove his proprietary right in the court. I have to present. Deficiencies in judgment of adverse positions have been rectified from time to time. So that the right person can get justice. Because sometimes it becomes very important to explain trace pass i.e. illegal possession.
Limitation Act 1963 and Adverse Possession
While understanding the principle of adversary position, we need to understand the nature of the land in which it is government land, private land and whether it is ancestral property or personal property in private land, it is also necessary to know. All property disputes are determined under transfer of property, in which the law of limitation has great importance in cases of adverse position. If the adverse positions are on government land, then according to the limitation law, you must be in possession of the land continuously for 30 years. Same in case of private property, this possession must be continuous for 12 years.
According to Article 65 of the Limitation Act, 1963, the limitation period is determined only after the adverse position is created, which is 30 years for adverse possession of government land and 12 years for private property. Under Articles 142 and 144 of the Limitation Act 1908, the plaintiff i.e. the property owner has to prove the possession of the property and the title to the property, while under the Limitation Act 1963, the onus of proof has been shifted to the opposite position holder i.e. the defendant. .
Time limit is very important to prove the liability of adverse position continuously 12 years in which both the parties need to be aware of their rights. The time limit of 12 years fixed by the Supreme Court many times in the Limitation Act should be more for the property holder which should be 30 – 40 years so that the property holder will get the right time. For this, there is a need to amend the law because knowing the law, people take advantage of it and other people have to suffer its loss.
Important Supreme Court Judgment on Adverse Possession –
Through the Supreme Court Case Ravinder Kaur Grewal Vs Majeet Kaur Air 2019 SC-3827, it was decided for the first time in India that holders of adverse positions can file a claim in the court to secure their possession. Earlier in “Gurudwara Sabin v. Sirthala Grampanchayat Case (2014) 1 SC-669 and State of Uttarakhand v. Laxman Siddh Maharaj Mandir (2017) 9 SCC-579 and Dharmapal v. Punjab Waqf Board (2018) 11 SCC-449, the Supreme Court in these important cases The right to file a claim for adverse position rights was given by the court only to the original property holder.
Changing this decision in the Ravindra Kaur Garewal case, now the holder of adverse position can also file a case in the court to secure his possession, who earlier used to defend only the claim on him. It was believed that the original property holder could use his rights as a sword in this concept, while the holder of the adverse position could only use his rights as a shield. Although the explanation of Adverse Position has not been clearly written anywhere, but from time to time the courts have explained it.
In Ravinder Grewal vs. Manjeet Kaur case, the case was heard before a three-judge bench comprising Justice Arun Mishra, Justice S. Abdul Nazeer, and Justice MR Shah, in which some questions were raised.
- What rights can the adverse possession holder give his claim on the property under Article 65 under the Limitation Act? In which there is an attempt by the defendant to gain illegal possession of the property,
- Can the adverse occupier use his right as a sword or can he fight his right only as a shield as in the previous judgment?
- Are there any provisions to protect the holder of adverse possession if the original property holder is trying to sell the property after he has lost his property rights under the Limitation Act?
Exceptions for Adverse Possession Rights –
- Where the relationship between the tenant and the property owner is entered into through a contract and without registration, the adverse possession right is not established.
- In many cases, there is no agreement in writing, but the relationship between the tenant and the owner is established and the rent is also fixed.
- The property holder gives his property to any of his acquaintance or close person to stay for a short time, that time the adverse property does not come in possession.
- The concept of adverse possession has no basis in such cases where no other person is showing any right to the property.
- According to the law of limitation, during the period of limitation if the mental state of the property holder is not sound then that time is not held for adverse possession.
- Continuous 30 years for private property and 12 years continuous possession of land for private property is mandatory.
- If there is no documentary evidence available to establish the right of adverse property possession, it becomes difficult to prove possession.
- If adverse property rights are on any government property, it should not be reserved by the government for any specific purpose.
Important Documents for Adverse Possession –
- Light bill of adverse property
- Adhar card of adverse property
- Driving license of adverse property
- Election identity card of adverse property
- Adverse Property Ration Card Letter
In this way, according to Article 65 of the Limitation Act, to prove adverse possession continuously for 12 years, any of the above important documents are seen as evidence in the court. If the adverse possession is not continuous for 12 years, then it becomes very difficult for the holder to establish this right.
Essentials of adverse possession?-
- It is necessary to have immovable property.
- It is necessary to have possession of the actual property.
- It is necessary to have disputed possession of the property.
- Peaceful and illegal occupation is necessary.
- Continuous possession is necessary.
- Adverse possession has to be within the time limit of law.
- Adverse possession It should not be secretly.
Features of Adverse Possession of Property Rights –
- If there is adverse property possession, it should be known to the world, that possession should not be done secretly, secret possession can never give you the right to the property.
- The original owner of the property must have knowledge that another person is in possession of his property, which is one of the grounds for interpreting the concept of adverse possession in the statute of limitation.
- In the concept of adversary position, it is necessary to possess and use the specific opposite property.
- The person holding the original ownership in the opposite property possession should not have any control over that property.
- If the opposite property is in possession then it should be continuous for 12 years for private property and 30 years for government land.
- In adverse position, the onus of proving the possession of the land or a house in the court is on the person in possession of the land, to whom he has to give proof.
- Under the Limitation Act 1908, the plaintiff i.e. the real owner of the property had to prove ownership and possession of the property for 12 years, but according to the Limitation Act 1963, the defendant i.e. who has continuous adverse possession for 12 years has to prove it and the real owner Only the title has to be presented.
- No matter how many days you have the possession of government reserved land and defense land, but you do not get the right of adverse position and a limit of 30 years has been imposed for adverse possession of other government land.
- As per the order of the Supreme Court Case Ravinder Kaur Grewal Vs Majeet Kaur Air 2019 SC-3827, the plaintiff can file a petition to get his property out of the adverse position.
Critical Analysis of Adverse Possession of Property Rights –
As per the decision of the Supreme Court given in 2019 in the cases of adverse property concept, the adverse possession holder has also been given the right to present the claim. Due to which there is a possibility of further complication in property dispute cases because mainly lack of information is the biggest problem seen in such cases. It is not that illiterate people are harmed in this, but even educated people are ignorant of what precautions should be taken for property rights.
In property dispute, it is seen at the ground level that powerful people try to take advantage of this law by illegally occupying the property. Because the common man does not know the importance of evidence in such cases and he does not collect such evidence, due to which many original property holders suffer in the court to get justice. Most of the times we see people who are knowledgeable and powerful in matters of property law taking wrong advantage of this law.
In India’s judicial process, the delay in giving decisions and the process of cases lasting for a long time, this makes it very difficult to get justice. That’s why common people instead of going to the court in property matters, decide to choose the wrong option, which instead of solving the case, complicates it further. It is only in criminal cases that such delays and under-trial cases create a bad impression about India’s judicial process in the whole world, in civil cases the situation is even worse. For the benefit of which the land mafia and other powerful people enact their own law in big cities and gain illegal possession of such lands.
In this way, through this article, we have tried to know what is adverse possession and how its positive and negative consequences are created in the society. Adverse possession holder has to prove his intention and continuous possession of 12 years on private property and 30 years on government property. Before 2019, the holder used his right in the court to get adverse property possession only as a shield for protection, which was later given the right to file a case in the court.
We have tried to look into the case in detail as to how the adverse possession holder has been given the right to present the claim. This article is very important for the society because most of the people remain in ignorance about it due to which disputes are created. Due to the loopholes in the judicial process, many times people try to acquire their property by wrong means, due to which they lose their natural rights in the court.
We don’t need to be expert like a lawyer in any property matters but having basic knowledge makes life happy in future. We have seen in many such cases that the property holder has to fight the case in the court for years, in which time, money and mental stress have to be faced by making a mistake only due to ignorance. Therefore, by taking precautions in advance, we should see that all these problems will not come in our life.