Adverse possession can only be claimed as defence
2) you cannot file suit claiming adverse possession
3) you don’t have clear and marketable title to land
We have purchase a sc/st land before 20 years in uttrakhand. And construct a house but dis not register a sale deed. Do we file Adverse possession against this land
Adverse possession can only be claimed as defence
2) you cannot file suit claiming adverse possession
3) you don’t have clear and marketable title to land
1. Land is NOT purchased by SC /ST, via any Sale Deed.
2. Land is "allotted" to SC/ST for Govt., for specific purposes and is classified as reserved category in the Revenue Records.
3. By virtue of above, Land allotted to SC/SC "cannot" be sold /purchased and CANNOT be claimed as "adverse possession", more so since the title-ownership of such land always vests with the State Govt. (revenue dept).
4. The Court will not entertain any application for Adverse Possession, once the court's attention is brought to the Reserved Category status of the SC /ST land.
- The Supreme Court , in the matter of Amrendra Pratap Singh Versus Tej Bahadur Prajapati and others , (AIR 2004 SC 3782) has held that acquisition of title in favour of a non-tribal by invoking the doctrine of adverse possession over the immovable property belonging to a tribal, is prohibited by law.
- Further , again in the matter of Lincai Gamango and ors. V/s Dayanidhi Jena and ors. (AIR 2004 SC 3457) has held that non-tribal cannot claim to have acquired right or title over such land held by tribal by adverse possession,
- Hence, adverse possession of SC ST land is not maintainable.
Dear Sir,
You are suggested to do nothing and enjoy the possession of the property and keep gathering the collection of proof of possession. If something goes wrong or your possession is challenged by someone, then file the case.
There is restrictions on buying SC and ST land.
Sale deed is also not registered.
It would be illegal to claim SC and ST Land under the law.
Please submit your unregistered sale deed for review and opinion as per law.
Claim of adversity doesn't arises if law prohibits to purchase and own SC and ST Land.
No body is questioning your title. Adverse possesion dose not made out.
Sale deed is must document to prove ownerhsip. What document you have ? Or dont have any document.
No, you don't "file" a suit claiming adverse possession. Adverse possession is basically used as a defence and moreover, the plea of adverse possession won't be available to you.
If there's a restriction in selling the land allotted to person belonging to the community of SC or ST then your purchase itself is invalid and illegal.
Moreover there's no registered sale deed in your name, therefore you may not be able to claim title by adverse possession.
As per the doctrine of Adverse Possession, you are eligible to claim ownership of the property you reside in peacefully for 12 or more years. Further and better particulars are needed for an effective opinion. I advise you to consult a local advocate along with relevant documents
You purchased a land belonging to sc st but didn't register it. That means you are not the owner of the land. Adverse possession can be applied when a person protests against your possession. You may then raise this issue.