Adverse Possession by Tenant #legal #law #property

Adverse Possession by Tenant #legal #law #property #court #civilsuit

Doctrine of adverse possession was introduced Privy Council in Perry v/s Clissold in India in 1907 for the very first time and the term was first established by the Supreme Court in “Amarendra Pratap Singh v. Tej Bahadur Prajapati”.
When the trespasser continues to live on a property for over 12 years and the legal owner is aware of the same and fails to take any action during those years, the legal owner will lose the ownership of that property and the occupant will become the legal owner of that property. The possession needs to be actual, open, notorious, exclusive, hostile, continuous and uninterrupted.
The doctrine of adverse possession is based on the legal maxim ‘vigilantibus non-dormientibus subvenit lex’ which means that the law favours only the active citizens and not those who are dormant or are not concerned about their rights.

How To Prove Adverse Possession In India?
Judiciary always tries to ensure that every person is heard and justice is served. Therefore, it is not easy to claim and prove adverse possession in India. There are certain specific conditions that need to be proved before the court and the burden to prove them is on the person who claims such defence under the Limitation Act, 1963. The following are the things to prove in court to claim adverse possession of the property.
• The 12 years will begin from the date when adverse possession starts.
• The occupant must prove the date on which the legal owner of the property came to know about the adverse possession and the date on which the immediate neighbours came to know about the same.
• The person needs to prove that the possession was peaceful and has not coerced or threatened the legal owner.
• The occupant also needs to prove that despite having knowledge about adverse possession, the owner didn’t take any action.
• He/she should also prove that the exceptions to the doctrine of adverse possession are not applicable in the instant case.
• The person also has to prove that the possession was not interrupted by the owner or any other person throughout the statutory period.

Exceptions To Doctrine Of Adverse Possession
• If the owner is a minor.
• If the owner is mentally unwell.
• If the owner serves in the armed forces.

Can Adverse Possession Be Claimed By Family Members?
When it comes to family members, possession of property by a blood relative cannot be adverse to the other family members and therefore the doctrine of adverse possession is not applicable in such scenarios. Supreme Court in Darshan Singh v. Gujjar Singh, (2002) 2 SCC had noted that it is well settled that if a co-sharer is in possession of the entire property, his possession cannot be deemed to be adverse for other co-sharers unless there has been an ouster of other co-sharers.

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