• Adverse Possession

I have given my vacant land to a person for farming and taking care of my land since 12 years. I am paying the electricity bill and He is giving me a part of crops from which he grows on my land. Does he qualifies for Adverse Possession of my Land?
Asked 4 years ago in Property Law
Religion: Sikh

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21 Answers

Dear Sir,

  1. one should enjoy the property with the knowledge on whom the title is vested.
  2. there must be give up on the part of the person on whom the title vests. i.e. if i have property in my name and my brother uses it exclusively for his purpose after partition, then it could be his, important aspects, exclusively and there must not be my hand even for a minute, if i come for monthly and check out and go, then also he could claim, but i know how to prove such interests are not in existence. partition, if partition has not taken place it is presumed that all properties are joint family and enjoyed by all persons.
  3. then it must not be enjoyed by contract. like contract for 12 years and cannot claim that he is in possession for 12 years. even if a contract is for 99 years, a person cannot continue for a day in possession after 99 years.
  4. as per limitation act, to claim adverse possession, 12 years. that means if a real owner or title holder does not claim anything out of that property, the person in possession could claim for adverse possession.

very important is with the knowledge of title holder

Adverse possession contemplates a hostile possession.  It must show that his possession was hostile to the real owner and amounted to a denial of title to the proprrty claimed.

The Party claiming to hold the immovable property aversly must at least go on to prove that it was in denial of the owners title and that he excluded him from the enjoyment of his property. 

Essentials for Adverse Possession

  1. The person claiming adverse possession must hold possession by denying the title of the true owner or by showing hostility by act or words.
  2. The person claiming adversely must have hostility. 
  3. Adverse possession should be a unilateral act and not a resultant of any contract or agreement. 
  4. Physical possession and excluding adversary from possession must exist.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

In absence of any agreement as to engaging him to cultivate in your land,  it would be adverse possession if you fail to prove the fact that you have deployed him to cultivate on some terms and conditions. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear Sir

Now it is better to give give written permission to that person to use your land, and get their written acknowledgement. and also offer to rent the property to that person.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No he do not become entitled to adverse possession. 

 

Navdeep Kalair
Advocate, Chandigarh
45 Answers
11 Consultations

4.8 on 5.0

farmer can claim adverse possession as he is in open , hostile , uninterrupted possession of your land for over 12 years 

 

there is no written contract with the tiller entered into by you 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

you may be paying electricity bill but he is in possession of your land for over 12 years . 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Adverse possession is hostile in nature whereas your land in under gratuitous possession. However longer, dose not give any title to occupant.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

No, he does not qualify to claim the land on the basis of the adverse possession 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You must enter into a written contract now

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

No adverse possession is only a possession which continues when the title becomes hostile and after that he continues for 12 years from that period. Otherwise continuation for any number of years will not make him a person with hostile possession. Secondly it's better you make the agreement for the same and break the period showing agreement with different licensee and not showing continuous period

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Warm greeting!

Yes, they can claim for adverse possession in case of private property is 12 years wherein for government land is 30 years; if they are in a property for 30 years in government land or 12 years in private they can claim they have a right title interest in the property!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

No that is not adverse possession. The principle is different.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

He is living there with your permission. Tge day you tell him to vacate and he refuses, from that dy onwards he is in adverse possession of the property and your limitation starts.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It can only be a good defence against adverse possession. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

- As per law,  you may loose ownership over your property/land if someone else is living/using for an uninterrupted period of 12 years and claims ownership through Adverse Possession. 

- Further, A trespasser who uses land by permission from the owner can never gain title by Adverse Possession, no matter how long that use may continue.

- Hence , for claiming owership  right:

1.One should enjoy the property with the knowledge on whom the title is vested.

2.there must be give up on the part of the person on whom the title vests

3.then it must not be enjoyed by contract

4.As per limitation act, 12 years continue period for adverse possession, 

- Since you have given your land since last 12 years , then he qualify one condition of adverse possession.

- You are paying electricity bill , and having proof of payment , then he cannot qualify for adverse posseession, but if are not having any proof of payment , then YES.

- Similary , apply for crops given by him to you . i.e proof of giving.

- Better enter into an agreement with him , even on any paper to interup his counting the period of 12 years.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

No it is permissive possession be pays you your share of crop and doing farming by your permission, he cannot claim any right over the land.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See for future safety prepare a agreement and get it signed a lease can be made also you can keep bills of the grains received and sold by you of your share for record.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

on the basis of adverse possession he cannot claim ownership. you can file a civil suit for declaration of ownership and recovery of possession against him. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If there is no written contract with that farmer and he is having possession of land from last years with your consent and without any interruption.

Then he can claim the property on ground of adverse possession.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Adverse possession in respect of agricultural land is for thirty years continuous possession.

There must be actual possession throughout the period of limitation. Physical acts like harvesting crops, repairing the building, planting trees, erection of shed, etc, could be means through which actual possession can be determined. The possessor could not claim possession over the property without being physically possessing it.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

You may better enter into a lease agreement for a certain period with conditions that he should vacate and deliver vacant possession after expiration of the lease period, which will help you to disrupt his plans for adverse possession, if he has any.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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