Judgement On Adverse Possession Of Property By The Supreme Court
In India, owning property entails being aware of the regulations, processes, and difficulties involved in getting and keeping ownership. Adverse possession is one such legal idea in which someone, without the owner’s consent, assert ownership of a piece of property they have been occupying for a predetermined amount of time. The Supreme Court’s rulings on property possession are shared on this blog in this post.
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The Supreme Court’s decision regarding property possession has a significant impact on how Indian law handles land ownership issues and disputes. The supreme court renders important rulings that set precedents, make sense of the law, and offer direction for handling complicated property disputes. These rulings frequently deal with matters like legitimate title, adverse possession, eviction processes, and formality compliance. Their goals are to maintain the rule of law and safeguard the interests of all those concerned with real estate. To learn more about the most recent decisions on adverse possession rendered by the Supreme Court, keep reading.
What is property possession?
The act of an individual or entity physically controlling or occupying property is refer to as property possession. Indian law recognizes various forms of possession, including:
Actual possession: the occupier lives there in person and has authority over the property.
Constructive possession: Constructive possession is when someone has legal control or power over something even though they are not physically residing there, for example, through ownership or leasing arrangements.
Joint possession: When several people or organisations share ownership or control of a piece of property. It’s commonly refer to as joint possession or tenancy.
Incorporeal possession: Incorporeal possession is the term used to describe property. Such as ownership interests or rights, that is not physically present.
Corporeal possession: Having physical control over or occupying a property or material object is known as “corporeal possession.”
Adverse property possession
Besides the aforemention, adverse possession is recognize as a legal concept in India. If a person occupies a piece of property consistently and publicly for a set amount of time—usually 12 to 30 years—they can claim ownership of it. The occupier must show that they have had continuous possession of the property and that they intend to remain its legitimate owner in order to establish adverse possession. There are several different situations that might lead to adverse possession, including erroneous boundary lines, abandoned properties, and unofficial settlements.
Supreme Court ruling about twelve years of property ownership
According to a 2024 Supreme Court decision by Justices Abhay S. Oka & Ujjal Bhuyan, a plaintiff must demonstrate the following in order to assert ownership through adverse possession:
- The name of the legitimate owner of the property
- Knowing that they had been in continuous possession for more than 12 years
The court further underlined that in order to support adverse possession allegations, the plaintiff’s complaint must contain all relevant information.
Most recent ruling on adverse possession by the Supreme Court
According to a 2004 Supreme Court decision in Karnataka Board of Wakf v. Govt. of India and Others, the claimant must demonstrate continuous and uninterrupted possession as well as identify the rightful owner of the property in order to show adverse possession. To support their allegation of adverse possession, the plaintiff must also include pertinent information in the complaint.
In summary, the Supreme Court’s ruling on property possession emphasizes how important it is to resolve property disputes in a transparent and legally sound manner. By highlighting the necessity of establishing ownership through adverse possession. The court’s ruling safeguards the rights of claimants and property owners. That being said, this strategy should be back up with a lot of data.
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