Practice Area

Concept of adverse possession, its origin and therefore the governing provisions of Law

Historically the concept of adverse possession associated with land being taken by force or conquered by feudal lords, barons and conquerors from the poor who couldn’t protect their right and title over those lands. This was mostly wiped out older times when one country or ruler wont to conquer another country then they might simply grab those conquered lands from the first and true owner, however this idea has changed with time. The concept of adverse possession in India is quite a century old concept of law which is based on three fundamental principles. Firstly, competing rights of ownership between the particular owner and therefore the person taking care of the land. Right of person taking care of the land and making highest and best use of the land will prevail over the particular title holder of the land who doesn’t lookout of the land. In other words the one that maintains and makes the simplest use of the land features a better title over the land than the one that cares about the land in the least . Secondly, the title of the land shouldn’t be kept abeyant for an extended period of your time i.e. a situation shouldn’t arise during which the title holder of the land isn’t own. Thirdly, it’s presumed that the particular title holder has abandoned his possessory rights if despite knowing that another person is saying hostile possession over his land but he chooses to stay quiet and not taking any action against the said person as provided under the law.