Adverse Possession
/ˈædvɜːrs pəˈzɛʃən/
Property Law Doctrine
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Definition
A doctrine by which a person who openly, continuously, and adversely possesses another's land for the statutory period acquires title by operation of law. In India: 12 years for private land (Article 65, Limitation Act, 1963); 30 years against government land. Possession must be actual, open and notorious, continuous, exclusive, and hostile (without the true owner's permission).
Examples
Case Study
In Karnataka Board of Wakf v. Govt. of India (2004), the Supreme Court held that the burden of proving all elements of adverse possession lies on the claimant — particularly hostility and continuity. It is a harsh doctrine to be strictly construed.
Key Cases
Karnataka Board of Wakf v. Govt. of India
2004(2004) 10 SCC 779
Restated conditions for adverse possession. Burden on the claimant to prove actual, open, continuous, exclusive, hostile possession. Strict scrutiny required especially against public or religious bodies.
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