We are staying in a land for more than 50 years with all the taxes ,electricity bills in our names and from 50 years the real owners never claimed or where they are are not known to us . We also have the deed of the owners.I have heard one is a citizen of Canada . We want to claim our land as there is no opposition and how to file the case? Please help
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You can file a suit for declaration of title based on the adverse possession of property.
The documentary evidences in your possession to prove the possession and enjoyment of the property would support your claim to get a decree and judgment declaring your title through court of law.
You can consult a local lawyer and proceed further on the subject matter
You need to file suit seeking declaration of ownership by you through adverse possession. You cannot directly approach the Court unless there is some challenge to your ownership. If any of your friend/relative questions you title you can file a suit in District Court will all the documentary proof of your continues possession for last fifty years and by the decree of Court regularize you possession prying court for direction to Sub-Registrar to register property in your name. Sub-Registrar will register property in your name on the direction of Court.
You can file suit claiming title to property as you have been in open , hostile , uninterrupted possession of property for over 50 years
1. File a suit for declaring you as the owner of the property under Adverse possession when you have been living in the property for more than 50 years continuously without disturbance or claim by the landowners.
2. To qualify for Adverse possession, staying 12 years continuously without any hindrance will suffice.
3. In the instant case, you have been living in the same place for more than 50 years, have your name on the tax paid receipt and electricity bill and the original owner has not claimed so far and hence you will be entitled for ownership of the property under Adverse possession.
4. File for Adverse possession of the property in the jurisdictional Court.
U R Welcome Sir.
File declaratory suit
- As per Supreme court Judgment, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property. The prescribed period in case of for government-owned properties is 30 years.
- Further, to claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period. You cannot break the period into halves.
- Further, he will also have to prove that he has been the sole occupant of the property. There cannot be under the provisions of the law multiple claimants.
- Further, the squatter will also have to let his intentions known to the owner, with an element of hostility into his action. Starting reconstruction work, for instance, would amount to a squatter's attempt to claim ownership. However, he is not liable to inform the original owner about his intentions. This means the entire responsibility of monitoring the movements of another occupant lies on the original owner.-
- Since, you are living in the said property for long period of 50 years without any interruption from the real owner of the property , hence you can file a Declaration suit before the district court for becoming the legal owner of the property after submitting the proof of staying in the property .
If, as you say, you have been in possession and enjoyment of the property for over 50 years continuously, you are entitled in law to ownership by virtue of adverse possession. Based on all the relevant records available with you, you may file a suit for declaration of title at the district court, in consultation with a lawyer.
Dear Client,
Generally speaking, if you have been occupying lands that you do not own, rent or otherwise have permission to use in excess of 12 years , without any objection from the registered owner, you can claim what is known as “adverse possession”.The law of Adverse Possession is contained in the Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.As far as limitation for filing a suit is concerned, at most it would be 12 years under Part V of the Limitation Act, 1963 which deals with suits relating to movable property. Therefore a claim after thirty years would ordinarily be time barred.
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