Taking care of property from last 40 years how can we claim it ?

Your situation involves possession of land for over 40 years without any legal ownership documents. In law, mere possession for a long period can, under certain conditions, create what is known as adverse possession, provided you prove open, continuous, and hostile possession to the knowledge of the true owner, without their explicit permission. However, since you say the landowner gave you the land to take care of, your possession may not be considered “hostile” — which is a key requirement for adverse possession.

Supreme Court position on possession of property:
The Supreme Court has consistently held that:

• Possession itself is protected by law, even against the true owner, unless evicted by due process. (See Somnath Berman vs Dr. S.P. Raju AIR 1970 SC 846)

• Adverse possession must be proved with clear, continuous, and hostile intent. (See Karnataka Board of Wakf vs Govt. of India (2004) 10 SCC 779)

• Permissive possession (where the owner allowed you to stay or maintain land) can never become adverse possession unless you clearly prove that at some point you openly denied the owner's title and the owner knew about it.

What you can do:

1. Immediately consult a property lawyer — this is not a case to handle without legal expertise.

2. Collect all evidence of possession: electricity bills, tax receipts, photographs, statements from neighbors — anything showing you've maintained the land openly for 40 years.

3. File a civil suit for injunction: If the owner threatens to forcibly take possession, you can file a suit for permanent injunction to prevent illegal eviction.

4. Explore adverse possession claim cautiously: If you can prove that your possession was not just permissive but hostile (meaning you treated the land as your own without acknowledgment of the owner), a claim for ownership may arise.

Is a lawyer required?
Absolutely. Property disputes and adverse possession claims are complex, and courts examine evidence very strictly. A professional lawyer can draft pleadings, protect your possession through interim court orders, and, if necessary, help you claim ownership.

Recommendation:
You should immediately consult a property lawyer experienced in land and adverse possession matters. Platforms like LawRato can help you connect with verified lawyers who specialize in such cases. Do not delay, because any sudden act by the landowner can weaken your claim if you don’t have protective orders from the court.