The Execution of Right to Adverse Possession of Property in India

Abstract

The principle of adverse possession is seen in every nation’s law governing the acquisition and possession of land. The existence of such a principle goes to show how evolved jurisprudence is about the rights of those who possess a property and those who are the actual owners of the said piece of land. Adverse Possession is the principle in law of property where the continuous possession of a land owned by another person, not the person who is currently owning the possessed land for a long period of time or sometimes, a particular period of time without the opposition of the actual owner, the possession of the land gets the ownership title of the land from the original owner in certainly all cases of property. Such a principle lays down the foundation for the principle of continuous possession of a piece of land by an individual is always rewarded with the title deed of the property. On the other hand, this principle enables the original owner of any property to give their due diligence and sufficient care to ensure the property stays with them till the sands of time. In the end, it's more of a favourable situation for both parties as the principle enables both the original owner and the new inhabitant to claim their supposed right over a property. However, courts in India have interpreted the law of the rule governing such act, making the transfer of property from the original owner to the newer to undergo a series of filing process and authentication to ensure that the people aren't arbitrarily deprived of their property.