Adverse Possession
/ˈædvɜːrs pəˈzɛʃən/
Property Law Doctrine
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Definition
Acquisition of title by open, continuous, hostile possession for a statutory period (12 years India, 12 years UK).
Jurisdiction: InternationalEtymology
From English property law and equity; adapted in India through the Transfer of Property Act, 1882 and related statutes.
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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