Understanding the law of adverse possession in India

contents

1. introduction
2. legal framework
3. Conditions for adverse possession
4. Limitations and Exceptions
5. Judgments related to adverse possession in India
6. Can Tenant Claim Adverse Possession?
7. Precautions to be taken by landlords
8. Conclusion

1. Introduction: Adverse possession is a legal concept that allows a person to claim ownership of a property if they occupied and used it openly, continuously, and without interruption for a specified period of time, without the permission of the actual owner.

2. Legal framework:  In India, adverse possession is governed by various laws, including the tenancy act of Haryana but the limitation act 1963, is the primary legislation that governs adverse possession in India. According to section 27 of the Act, the period of limitation for filing a suit to recover possession of immovable property is 12 years. However, section 28 of the act provides an exception to this rule.

The tenancy Act of Haryana, also known as the Haryana Urban (Control of Rent and Eviction) Act, 1973, provides guidelines and regulations for tenancy and eviction matters in the state.

Section 9: section 9 of the Act specifically deals with adverse possession. According to section 9, if a person has been in possession of a property for a continuous period of 12 years or more, and if the owner has not taken any legal action to recover the property during this time, the person in possession can claim ownership of the property.

3. Conditions for adverse possession:- To establish a claim of adverse possession, certain conditions must be met:-

1. Actual Possession- the claimant must have actual physical possession of the property. Mere intention or desire to possess is not sufficient.
2. Open and notorious possession- the possession must be open, visible and known to the true owner or the public. It should not be hidden or secretive.
3. Continuous possession-the possession must be continuous and uninterrupted for the entire statutory period of 12 years or more. Any break in possession may invalidate the claim.
4. Hostile possession- the possession must be adverse to the rights of the true owner. It means that the claimant must possess the property without the owner’s permission or consent.
5. Claim of right- the claimant must assert a claim of right or ownership over the property. This means they must treat the property as their own and not as a mere trespasser.

Abandonment by the landlord, unauthorized subletting and fraudulent actions are some other conditions where a tenant may be held liable for adverse possession.

4. Limitations and Exceptions: While adverse possession can be a legitimate means to acquire ownership, there are certain limitations and exceptions to consider:

1. Government owned land
2. Registered owners
3. Fraudulent Possession
4. Minor or Mentally incapacitated owners

5. Judgments related to adverse possession in India:-

1. S. Sundaram Pillai vs. V.R. Pattabiraman (1985)
2. Gurudev Singh vs. Hardial Singh (2010)
3. State of West Bengal vs. Hemant Kumar Bhattacharjee (2011)
4. R. Rajagopal Reddy vs. Padmini Chandrasekharan (2017)
5. Ravinder Kaur Grewal Vs. Manjit Kaur (2019)
6. Vasantha v. Rajalakshmi, 2024 SCC, Decided on: 13-02-2024

6. Can Tenant Claim Adverse Possession?

Yes, a tenant can claim adverse possession in india. The law of adverse possession in india is governed by the Limitation Act, 1963. Section 145 of limitation act states that a person who has been in possession of land for a period of 12 years without the consent of the owner can claim title to land. However, above said conditions that must be met in order to claim adverse possession. Tenancy through lease or rental agreement is generally not considered under the adverse possession law in India. However, under certain circumstances, if the lease has expired or if the owner has defaulted on particulars mentioned in the agreement, the tenants have taken leverage of the situation to file for ownership through adverse possession. The set timeline for the owner to take action is for 12 years. As soon as there is a breach in the contract, the owner should look for vacating the tenants to avoid adverse possession. If after the termination of the agreement, the tenant has paid rent to the owner in any form, they can’t apply for ownership through adverse possession. 

7. Precautions to be taken by landlords:

1. Verify the tenant
2. Rental agreement
3. Security deposit
4. Police verification
5. Maintenance and repairs
6. Rent payment
7. Inventory checklist
8. Insurance
9. Regular inspections
10. Maintain proper documentation
11. Regularly communicate with tenants
12. Legal compliance

8. Conclusion- Adverse possession is a legal doctrine that allows a person to claim ownership of a property if they occupied and used it openly, continuously, and without interruption for a specified period of time, without the permission of the actual owner.  In the latest judgment of Hon’ble Supreme Court titled as Vasantha v. Rajalakshmi, 2024 SCC, Decided on: 13-02-2024 said that “A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”…