No the possession shall transfer with the gift that is father shall transfer all rights to you, you can continue to hold same.
Adverse Possession
My father has purchased a piece of land from my maternal uncle in the year 1985. Thereafter in the year 2000 he built a house over it . While building the house for the purpose of getting the plan registered before the Municipality the appurtenant open spaces was falling short as per the plan. Thereafter my father approached my Maternal Uncle to provide two feet of land which belonged to him for a price to which he refused and as a consequence we had to adjust our building plan. In the year 2003 after a settlement over road wherein all residents of the locality agreed to a twelve-foot road in the lane my father put a boundary leaving the twelve foot road aside. While putting the boundary two feet land of my maternal Uncle has been also taken into possession since 2003. My father now intend to transfer the property in my name through a gift deed. My question is whether the right to adverse possession will relinquish once the property is transferred in my name ? As new title owner will I not be in a position to plead continuity over the piece of land?
Asked 6 years ago in Property Law
Religion: Hindu
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15 Answers
Kindly cite authorities/Judgement to this effect if available.
Asked 6 years ago
1. Include & Transfer the "adverse possession" rights in the Gift Deed alongwith the regular Title of original land.
2. You will be eligible to claim "adverse possession" rights of the Two feet land of maternal uncle, by virtue of the above.
Once possession gets adverse it remains with the property irrespective of change of ownership later on.
The law of adverse possession is inheritable and passes with change of title provided both the transferor and tranferee were in adverse possession over the land.
So even after making the gift deed you can claim the defence of adverse possession.
In view of the principle of tacking if someone derives a title from a person in adverse possession he can tack the period of adverse possession enjoyed by earlier person so as to complete his title as an owner by adverse possession for a total period of 12 years. Thus, a person can usefully claim for the purpose of his adverse possession even the adverse possession of his predecessor from whom he derives right.
It is well settled law you don’t need judgments
No it will not relinquish.
If you father has the possession of the land than don't worry your maternal uncle can't claim for adverse possession in this case.
You cannot claim title by adverse possession, however it can be claimed based on the parent document which would contain a mention about this.
Alternately your father has to file a suit for declaration of title on the basis of the adverse possession and after the court passes a decree and judgment in his favor he can transfer the same to you along with other property.
The citations favoring title by perfecting law of adverse possession will not be suitable to this situation because your possession is not adverse to the original owner.
The plea of adverse possession has to be taken by the person who has been in adverse possession. If your father transfers the property to you then your possession itself will begin from the date on which the gift deed is executed, hence the plea can be taken by you only if you remain in possession for at least 12 years.
Adverse possession can be claimed on private land with uninterrupted possession for 12 years.
Your father can transfer through registered gift deed.
1. Your father has taken possession of the said 2 feet of land in the year 2003 and thereafter 12 years have already been passed or which your father can claim adverse possession of the said land now.
2. By registering the gift deed, your father will not relinquish his claim of adverse possession on the said land but is conveying the right he has acquired on the said land based on the said adverse possession.
1.Your mater is settled proposition of law.
2. Had it not been so, no body could have been in a position to sell any piece of land adversely taken possession of.
1. Transfer of title of property will not affect adverse possession of property.
2. Right of adverse possession will also transfer along with gift deed of land.
