📋 Overview
Adverse possession allows a person who has possessed someone else's land openly, continuously, and without permission for 12 years to claim legal ownership. This is governed by the Limitation Act, 1963.
⚖️ Key Legal Principles
1
Possession must be actual, open, hostile, and continuous for 12 years
2
Against government property, period is 30 years
3
Possession must be without the owner's permission
4
Owner's knowledge of possession is not required
🏛️ Important Supreme Court Judgments
⚖️ Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan (2009)
(2009) 16 SCC 517 | AIR 2009 SC 103
SC criticized adverse possession law as an "archaic" concept but held it applicable under existing statute
⚖️ Kasturi v. Iyyamperumal (2005)
(2005) 6 SCC 733 | AIR 2005 SC 2813
Plaintiff must prove continuous, peaceful, open possession hostile to the title of the true owner
🏛️ Important High Court Judgments
⚖️ Delhi HC — Sant Lal v. MCD (2019)
Adverse possession against municipality requires 30 years continuous possession, not 12
⚖️ Bombay HC — Narayan v. State (2020)
Government land cannot be acquired through adverse possession — reaffirmed statutory bar
❓ Frequently Asked Questions
Q: What is the limitation period for adverse possession?
A: 12 years for private land, 30 years for government land from when the owner's right to sue first accrues.
Q: Can adverse possession be used as a defence?
A: Yes. Under Section 110 of Evidence Act, long peaceful possession creates presumption of ownership which can be used as defence.