The law of adverse possession is not applicable in your case. The law states otherwise.
You should hold your ground and start cultivating your own land. Obtain injunction and a settlement.
Adverse possession of agriculture land
Dear Sirs We have an Agriculture patta land in Telangana on my Father's name. Due to some confusion my father was cultivating in other survey number instead of actual land. My actual land was cultivated by others for the past 20 years, they also did the borehole 8 years back. When i have realised this issue, I have done demarcation with Revenue Department in May 2022 and received the official document. Put boundaries. Now the issues are as follows: 1. Since i have entered into that land they are creating issues by stopping our activities in that land, abusing, threatening and not allowing us to remove the borehole. Although we have managed & did some activities in land and now ready to cultivate. 2. After several attempts on us by them we have moved to police station but things are not favouring us. 3. Now they are going legally in adverse possession & take back my land. My Questions: 1. Can they take back my land from court in adverse possession? They do not have any legal documents in their name but neighbouring land owners may favour them at the time of revenue department enquiry. 2. Is injuction order & Police protection is sufficient to protect my land? for now and in future. 3. Am i really in possession of my land? If not than what steps should it take? 4. Can they take any stay order for borehole.
Asked 2 years ago in Property Law
Religion: Hindu
9 Answers
Burden of proof is upon them to prove that they have been in open ,hostile, uninterrupted possession for over 12 years
2) take the plea that you had filed police complaint against said cutltivators
3) that you are in possession of said land and have been subject to abuses by the encroachers
- Law of adverse possession is not applicable against true owner. As you are a true owner possessor of your land has no right to claim adverse against you. It is only applicable to third party strangers.
- A perpetual injunction order is effective and workable.
- If you are in possession your land, nine out of ten legal points are in your favor. They cannot dislodge you under any circumstances.
- There cannot be injunction order against true owner of land, they cannot take injunction order against you.
You have to file suit for recovery of possession of said land and petition for injunction against them to restrain him from trespass in your property.
Dear Client,
If the other party has been in possession of the land for more than 12 years the court will most probably favor them. But as mentioned in Mallikarjunaiah v Nanjaiah
The court stated, “Mere continuous possession, howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession unless it is further proved that such possession was open, hostile, exclusive and with the assertion of ownership right over the property to the knowledge of its true owner.”
Exceptions in Adverse Possession Law:
- If the owner is a minor.
- If the owner is mentally unwell.
- If the owner serves in the armed forces.
1. The revenue department is not the authority to declare the title or interest of the property to them.
You can approach court with a suit for declaration of title to your name on the basis of relevant documents in your possession and support.
2. Injunction order is only to prevent them from doing any harm to you or to prevent them from interfering in your possession and enjoyment, but the declaration suit will provide you the actual relief of declaring title to your name, after which they cannot claim any right or interest in the property.
3. You were not in possession hence it would be better that you file a suit for declaration of title to your name.
4. You can challenge their case in the court and strongly oppose their suit for injunction.
It's not easy to prove adverse possession contest tye suit
Yes it's sufficient
Yes it's in your possession only. File police case against them for such illegal acts.
They can go for stay order you need to oppose it
It is not adverse possession for :
it is not peaceful though it is open and continuous.
file a criminal trespass case first.
Expedite the case. Do not file any civil case for possession. It will be then contradictory situation.
if the criminal case fails to give you back the possession then only go for civil suit.
However You can file an injuction suit to restrain the occupiers from doing any activities in your land, claiming that you are in possession of the land.
1. As per law, the adverse possession must be actual possession such as the construction of a house, laying of a shed or some structure, fencing the property, grazing cattle in the land, farming and harvesting of crop in the land, planting and cutting trees etc. for the entire period of statutory period of limitation.
- Further, to claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period.
- Since, this property was in name of your father , and due to mistakes in the survey number a different land was cultivated by you, it means the presence of ownership is intact , and hence he cannot claim the ownership on the ground of cultivating your lands for long period.
2. Yes, you can file an Injunction suit for restraining him from interfering in your land.
3. Yes, in reality that land was in use and occupation by you
4. No.
