Adverse Possession

Adverse possession is a mode of acquiring title to property by continuous, hostile, open, and uninterrupted possession for the period prescribed by law. In India, the limitation period for acquiring title by adverse possession is 12 years for private property (Article 65 of the Limitation Act, 1963) and 30 years for government property (Article 112).

The essential requirements are: (1) The possession must be actual and exclusive; (2) It must be open and notorious (not secretive); (3) It must be hostile/adverse to the true owner (animo domini); (4) It must be continuous and uninterrupted for the statutory period; and (5) The possessor must claim the property as their own. The burden of proving all these elements lies on the person claiming adverse possession.

The doctrine has faced criticism for rewarding dishonest occupation, and the Supreme Court has called for its reconsideration. However, it remains part of Indian law. Once the limitation period expires, the true owner's title is extinguished under Section 27 of the Limitation Act, and the adverse possessor acquires a new title. Mere long possession without hostile animus does not constitute adverse possession.