Want to claim Adverse Possession

549 votes

From the facts you’ve shared, the position is tricky: while you have been in possession for more than 25 years, Indian courts view adverse possession not just as long occupation but as open, hostile, continuous possession against the true owner, and mere payment to a builder or existence of light bills does not automatically prove ownership. Claiming adverse possession requires strong, continuous evidence and even then, it is generally treated as a defensive right rather than a straightforward means to get conveyance. Forming a co-operative society with only four members is legally permissible, but deemed conveyance is only available where there is a valid conveyable title from a builder or landowner here, since the construction is on a neighbouring plot outside the builder’s sanctioned CTS boundary, neither deemed conveyance nor regular conveyance can be claimed unless the real owner is identified and a title transfer is obtained.

Advocate Sanil Sarkar LawRato

615 votes

Hi Sir From the details shared, you and three other tenants have been in possession of a structure for more than 25 years. The difficulty here is that the construction is not within the builder’s CTS boundary but is standing on the neighbouring plot, making it technically unauthorized. Legally, a claim of adverse possession is possible if a person remains in open, continuous, and hostile possession against the real owner for more than 12 years. Since you have been there for 25 years, the time condition is satisfied. But please note, only electricity bills may not be enough. Courts usually expect stronger proof like property tax, water bills, or municipal records to show ownership-like possession. Regarding deemed conveyance and society formation, unfortunately, these are not available in your case. Deemed conveyance applies only when a builder has ownership of the land and fails to transfer it to the society. Since this land is outside his CTS boundary, he has no right to convey it. Without clear title, a society cannot be registered. The practical step will be: (1) check who is the true owner through a title search, (2) try to negotiate with the owner, and (3) if not possible, file for declaration of ownership by adverse possession.

Advocate Omkar Mahesh Tak LawRato

916 votes

Claim Adverse Possession Legally 1. Collect Evidence: Utility bills, tax receipts, electricity/water connection in your name. Affidavits from neighbors/witnesses. Documents/photos proving your possession for 12+ years. 2. File a Suit in Civil Court: You (through a lawyer) file a Suit for Declaration of Ownership by Adverse Possession. You ask the court to declare you the legal owner. 3. Defend if Eviction Suit is Filed: If the true owner sues to evict you, you can use adverse possession as a defense. Ask anything

Advocate Mahrukh Khan LawRato

532 votes

Adverse possession allows a person to acquire legal ownership of land or property if they occupy it without the owner’s permission for a specific period under the law, i.e, 12 years. Within those 12 years, if the real owner does not challenge ownership of the Tresspasser or the illegal occupant, then, the such Illegal Occupant becomes the Owner.

Advocate Pankaj Bajaj LawRato