Can I file a suit asking the court to declare title of the land I am possessing for more than 50 years based on adverse possession?

[User_7fb7ef81]

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User_7fb7ef81
PARTICIPANT
January 11, 2025 at 5:20 pm

Hi. To clarify the situation: I have been living on a **3,600 sq ft** piece of land for almost 80 years. The land is classified as **Grama Natham** (a land dedicated to village inhabitants where only a **patta** will be issued), and the **patta** is in my cousins’ names. However, possession of the property has remained with my family for almost eight decades. Our address, as reflected on the **passport**, **Aadhar card**, and all documents, matches the address of this land.

Recently, my cousins’ family is attempting to force us to vacate the property. Other advocates here have advised us to wait for them to file a suit for recovery of possession, and only then can we raise the defense of adverse possession. They are adamant that a declaration of title cannot be claimed in an adverse possession suit. However, many judgments from the **High Court** and **Supreme Court** suggest that a person can file for a declaration of title based on adverse possession. Could you please clarify this doubt? Thanks in advance!

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[User_ea837db3]

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User_ea837db3
PARTICIPANT
January 11, 2025 at 7:50 pm

Would waiting be somehow harmful to your interest? If not, then just wait it out. This sort of hurry isn’t seen favourably, you have been in continuous possession for 80 years. They won’t have been able to do anything after twenty.

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