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Supreme Court said limitation for possession of the immovable property is 30 years for public property and the same is 12 years in case of private property.


Highlights:

  • If a rightful owner fails to take action to reclaim possession in 12 years then her or his rights are lost.
  • The limitation for possession of the immovable property is 30 years for public property.
  • No benefit of adverse possession will be given who encroach upon public land.


Noida, 1st October 2019:
The Supreme Court proclaimed on Wednesday that if an immovable property owner fails to take action to get back possession of the property within the limitation period then his or her rights are lost.

According to Real Estate News Noida, a person in possession or squatter will obtain an absolute title; however, no benefit of adverse possession will be offered to the people who intrude upon public land, the apex court said.

As per the provisions of the Limitation Act 1963, the statutory period of limitation that is permissible for possession of the immovable property is 30 years for public property from the date the trespasser occupies the property.

Whereas, it may be noted that in case of private property, the limitation for possession of immovable property or any interest is 12 years from the date intruder occupies the property.

A bench of Arun Mishra, M R Shah, and S Abdul Nazeer stated that the Limitation Act 1963 law offers a shield to someone who has the property for more than 12 years and that person can take action by filing a suit for reinstatement of possession in case of dispossession.

The bench said that an individual in possession cannot be expelled by another individual except by due procedure of law and once this 12-years period of adverse possession is over, even the owner’s right to expel him or her is lost and the possessory owner obtains the right, title, and interest possessed by the outgoing individual/owner as the case may be against whom he has prescribed.

Consequence is that once the right, title or interest is obtained, it can be used as a sword by the claimant as well as a shield by the defendant within the provisions of Article 65 of the Act and any individual who has perfected title by way of adverse possession, can file a suit for the reinstatement of possession in case of dispossession, the bench said in detail, as per the Property News Noida.

In case an individual who has perfected his title by way of adverse possession can file a suit for attaining an injunction protecting possession and for recovery of possession in case of his dispossession. The court also made clarifications that such benefit of adverse possession cannot be given to those who encroach upon the land reserved for public utility. There are many instances when such properties are encroached upon and an appeal of adverse possession is raised. Hence, these orders from the apex courts are on genuine grounds.

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