• Land encroachment

Will somebody please clear up the confusion.

Many lawyers in Jalandhar Punjab where the plot is located have informed me that the current 12 year law of adverse possession does not apply in my case because we have a FARD which clearly shows that we are the owners of this land for nearly 50 years. This plot has now been passed down as inheritance to me and my brother. Our plot is in an heavily built residential of area. Originally our plot was 19 Marla but now only 5 Marla has been left.
Asked 3 months ago in Property Law
Religion: Sikh

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8 Answers

If any person has encroached on your land you can seek orders to evict trespassers 

 

file suit to evict trespassers on your land 

 

law of adverse possession would be applicable if any person has uninterrupted,continuous possession for 12 years 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

You mentioned you have a FARD (Jamabandi / revenue record) showing ownership for nearly 50 years.
That means government records already recognize your family as the owners.
Because of this, the doctrine of adverse possession is much harder to apply against you. Courts generally do not accept adverse possession claims when documentary title (like Fard) is with the original owner and there is no evidence that you lost possession for 12 years without interruption.
Originally 19 Marla, now only 5 Marla remains in your possession. This means 14 Marla seems to be encroached upon by neighbors or built-up area.
You and your brother (as legal heirs) can file a case for recovery of possession of the encroached land.
Apply to the Tehsildar / Revenue Department for a proper demarcation (measurement) of your land. This official survey will clearly mark how much belongs to you and where encroachment has happened.
If the encroachers have been in uninterrupted, exclusive possession for more than 12 years and you never objected, they may raise an adverse possession defense. But since you have Fard entries in your name, you can argue that the possession was never legally adverse to you.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Jalandhar lawyers are absolutely right. With FARD showing 50 years ownership, the 12-year adverse possession law cannot apply to your case.

Why Adverse Possession Doesn't Apply

  • FARD carries "statutory presumption of correctness" under Evidence Act

  • Documented owners cannot lose land through adverse possession

  • This is land encroachment, not adverse possession

Quick Legal Remedies

Immediate Actions

  1. Get official demarcation from Tehsildar to mark exact boundaries

  2. Send legal notice to encroachers demanding vacation

  3. File civil suit for possession of 14 Marla encroached land

Court Options

  • File suit under Sections 5-6 Specific Relief Act for recovery of property

  • Criminal complaint under Sections 441-447 IPC for trespass

  • Seek damages for loss of land use

Your Strong Position






Supreme Court ruled that revenue records are admissible evidence when corroborated by inheritance documents. Your 50-year FARD plus inheritance creates an extremely strong case.

Act quickly - file possession suit to reclaim your encroached 14 Marla. Your documented ownership through FARD provides the strongest possible legal foundation against any adverse possession defense.

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

The 12-year law of adverse possession under the Limitation Act, 1963, typically applies to private immovable property where possession has been hostile, continuous, open, and without consent of the rightful owner for 12 years. In your case, having a FARD (a land record document) showing ownership of the land for nearly 50 years strongly supports your legal title and possession.

Adverse possession requires hostile possession that denies the true owner's rights, whereas possession based on recognized title—such as recorded in official land revenue records like the FARD—is not hostile but lawful possession by the true owner or their heirs. Thus, this diminishes or negates the applicability of the adverse possession claim by third parties against you as owners.

Moreover, courts have held that inheritance rights and adverse possession claims are fundamentally contradictory—if you and your brother have inherited the land officially and recorded on the FARD, that inheritance claim supersedes any adverse possession claims by outsiders.

Considering your plot has reduced in size from 19 Marla to 5 Marla due to urban development, the record of ownership still stands valid for the remaining portion unless there is lawful acquisition or dispute for the reduced portion. If your ownership and possession are properly documented in land records with the acknowledged FARD, the 12-year adverse possession limitation period would not adversely affect your title.

Therefore, based on the facts and the legal principles, the 12-year law of adverse possession does not bar your ownership claim, and your possession backed by FARD remains legally recognized in Punjab. It is advisable to maintain updated land records and consider formal possession acknowledgments to continuously defend your title.

 

Yuganshu Sharma
Advocate, Delhi
945 Answers
2 Consultations

Since the land is in your family’s name in the FARD for 50 years, the 12-year adverse possession law doesn’t apply against you. The problem is encroachment, not ownership.

Next steps:

  1. Get latest Fard/Jamabandi and site map.
  2. Apply for demarcation with Tehsildar.
  3. If encroachment is confirmed, file a civil suit for possession/injunction to recover or protect the land.

 

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

. 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.

- However , as per the Supreme Court in the matter of Nanjegowda (D) by L.Rs. and Ors. Versus  Ramegowda, It is a settled law that there can be no adverse possession among the members of one family for want of any animus among them over the land belonging to their family.

- Hence, adverse possession not applied within family members , whether the land was encroached for a period of 12 years or any long period. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

Yes adverse possession doesn’t apply in your case

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Dear Client,

Since you and your brother hold a valid fard/jamabandi record showing ownership for nearly 50 years, the law of adverse possession cannot be used against you by encroachers because your title is clear and continuous, and what has happened here is illegal encroachment, not loss of title; therefore, your remedy is to file a civil suit for possession and injunction against the encroachers, supported by your revenue records and inheritance documents, and simultaneously lodge a complaint with the local municipal/revenue authorities to prevent further construction, so that you can either recover the encroached portion or at least secure compensation as per law.

I hope this answer helps. For any further queries, please do not hesitate to contact us, Thank you.

 

 

 

 

 

 

 

 

 

 

 

 

 

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

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