May 18, 2023: State can acquire land using means other than the recognised mediums of ownership transfer, the Punjab & Haryana High Court (HC) has ruled. It, however, said that such cases were required to be treated as rare and exceptional.
State is a protector of the citizens’ property rights and cannot be given the complete freedom complete to claim the title of the abandoned land through adverse possession, it added.
The observation of the court came while hearing several appeals by the erstwhile Punjab State Electricity Board. Giving its order in the case, Justice Arun Monga said that the law did not bar the state or its entity to seek parity with an individual for claiming ownership through adverse possession as long as the process meets the necessary conditions.
What is adverse possession?
The Limitation Act, 1963, elaborates on adverse possession. Under the law of adverse possession, a person who has lived on a piece of land without a title for 12 years with the owner’s consent can claim ownership of the land. The Act prescribes a period – 12 years for private properties and 30 years for government-owned ones – within which you have to stake claim on your property. However, he must meet the following conditions:
Public knowledge: The public at large must be aware about the possession of the claimant.
Actual possession: There must be actual possession throughout the period of limitation.
Continuity: The possessor must be in peaceful, unbroken, uninterrupted and continuous possession of the property.
Exclusivity: The possessor must be in sole possession of the property. The possession cannot be shared by different entities or persons for the claimed time duration.
“A citizen forfeits his right to the property if these conditions were met, entitling the state to claim the right of ownership. But, ultimately the court would evaluate on a case-by-case basis whether the state’s claim to the property violated the citizen’s right,” the HC said.
See also: Tips to deal with illegal land possession
An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
[email protected]
Related Posts
Tips to deal with illegal property possession.
E-Registration: Procedures and safety.
Investment in land: Here’s what you should know.
What is adverse possession?.
Land acquisition: An attempt to make the process expeditious and straightforward.
Party claiming adverse possession must know the actual owner: SC.
