Guide to Prove Adverse Possession Against Government

Imagine you are living with your family in a small village. You have a small plot of land. For years, you have been cultivating crops and living peacefully. One day, you receive a notice from the government, claiming that the ownership of land belongs to the government.  

The property that you have always claimed to be yours has actually been owned by the government. Panic is naturally going to occur. 

While this may seem theoretical, for many, it's a harsh reality. This is a very common phenomenon in India.     Claiming ownership of land that you have inhabited for an extended period is even more challenging. Then comes a legal principle called Adverse Possession.  

This may seem like an interesting topic, well, it is, but it is also a very complex process to understand.  

In this blog, we will understand how to prove adverse possession against the government, the adverse possession law, and the limitations of adverse possession against the government. 

Let’s read on about adverse possession against government! 

What is Adverse Possession? 

Adverse Possession is a legal principle that allows someone to get ownership of property that belongs to someone else.  

The Hon’ble Supreme Court, in its judgments, explained the definition of adverse possession: 

1. In Annasaheb vs. B.B. Patil AIR 1995 SC 895, the Hon'ble court held that-    “Adverse possession means a hostile assertion i.e. a possession which is expressly or impliedly in denial of title of the true owner. Under Article 65, the burden is on the defendants to prove their claim affirmatively. A person who bases his title on adverse possession must show by clear and unequivocal evidence i.e possession was hostile to the real owner and amounted to a denial of his title to the property claimed. In deciding whether the acts, alleged by a person, constitute adverse possession, regard must be had to the animus of the person doing those acts which must be ascertained from the facts and circumstances of each case. The person who bases his title on adverse possession, therefore, must show by clear and unequivocal evidence i.e. possession was hostile to the real owner and amounted to a denial of his title to the property claimed.”   
2. In T. Anjanappa & others Vs Somalingappa & another (2006)7 SCC 570 Hon’ble court held that -   “It is a well-recognized proposition in law that mere possession, however long, does not necessarily mean that it is adverse to the true owner. Adverse possession really means the hostile possession which is expressly or impliedly in denial of title of the true owner and in order to constitute adverse possession the possession proved must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner. The classical requirements of acquisition of title by adverse possession are that such possession in denial of the true owners title must be peaceful, open and continuous. The possession must be open and hostile enough to be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of the formers hostile action.” 

For more case laws related to adverse possession, visit DigiLawyerAI.

Adverse Possession Law in India 

The Limitation Act, 1963 governs the adverse possession laws in India. It plays a major role in setting a time limit before filing a suit against the claimant.  

Section 27 of the Limitation Act, 1963, addresses the extinguishment of a person’s right to property. It states that at the end of the prescribed limitation period, the right to recover a property is distinguished.  

Section 65 of the Limitation Act, 1963 addresses the limitation period of suits over title claims of immovable property. The limitation period starts from the day the claimant's possession becomes adverse with the true owner. 

Key Elements of Adverse Possession against the Government 

The key elements of adverse possession against the government are: 

1. Continuous: The claimant must possess the land without any interruption for a specified period which in the case of government land is 30 years. Whereas, in the case of private land, it is 12 years.
2. Hostile: The claimant should possess the land without the true owner’s interest or permission.
3. Open and Notorious: The encroachment must be visible and obvious to the government authorities as well as the public.
4. Exclusive: The claimant must be the only possessor of the land without sharing it with others or the owner.

How to Prove Adverse Possession against the Government? 

To prove adverse possession against the government, you need to take into consideration certain factors such as: 

1. Proof of Continuous Possession

To prove adverse possession against the government, the claimant needs to show continuous possession of the property for at least 30 years. 

2. Establishing Hostile Possession

The land should be occupied without the permission of the government. The claimant should intend to act as an owner without the consent of the owner or the government.  

3. Demonstration of Actual Possession

Merely the claim is not enough, the claimant should have physical evidence to back the claim. For example, building houses or using them for agricultural purposes, etc. 

4. Exclusive Possession

The claimant should prove that the possession is both exclusive and public. Any improvement made to the property should reflect ownership or possession by the claimant. The possession should be made public to be known by everyone.

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Limitations of Adverse Possession Against the Government 

The limitations of adverse possession against governments are: 

1. Increase in Burden of Proof

The claimant needs to prove hostile, continuous, and exclusive possession of a property for over 30 years. It gets difficult to establish a claim on a property as the government property records are less accessible.

2. Government Surveillance

Since the claim is against government property, the government will take all possible measures to protect its land from adverse possession. The government is vigilant about protecting its land. This can complicate the process of adverse possession.  

3. Inconsistency in Documentation

Inconsistency in the documentation can lead to weakening the case. Many times, the complainant is unable to provide sufficient documentation to prove the claims of possession. 

4. Possession Sharing

The claimant should have sole possession of the property or land. If the claimant cannot prove sole possession, then it can weaken the claim he/she has made against the government property.  

Conclusion

Claiming adverse possession of government land is a complex legal process that requires meticulous preparation and compelling evidence. The claimant must prove uninterrupted, hostile, and exclusive possession for at least 30 years, in accordance with the Limitation Act, 1963.  

Key legal principles, including the hostile intent to deny the government’s ownership, public and visible use of the property, and sole possession, play a crucial role in strengthening the claim. 

However, the burden of proof remains high due to the government’s vigilant efforts to protect public property and the challenges of accessing accurate land records. Additionally, inconsistencies in documentation or shared possession can weaken the claim. 

DigiLawyer can help you understand more about the adverse possession concept, whether it is against the government or an individual.