The adverse possession law in India allows a person in continuous, open, and uninterrupted possession of anothers land for the statutory period to claim title to it. The conditions are strict and difficult to prove.
Conditions to Claim Adverse Possession
A claim under adverse possession law in Kolkata requires possession that is hostile to the true owner, open and visible, and continuous for the statutory period, which is twelve years for private land.
Burden on the Possessor
The burden rests on the person claiming adverse possession to prove each element. The owner may defeat the claim by showing that possession was permissive or interrupted.
- Hostile and adverse to the true owner
- Open, continuous, and uninterrupted
- Possession for the statutory period
- Ouster with the owners knowledge
Adverse possession is a complex area. FileX Advocates evaluates the merits of an adverse possession law claim in India and advises you whether occupation can ripen into lawful title.