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BI purchased a land 20 years ago of 2 acres, the seller said that he has 1 acre in his name which he transferred to me using a sale deed and said the other 1 acre is in the name of his relative/wife which need to be brought to their name from their late father or something and hence will take some time, as we were in good terms with the seller and he allowed us to set up a boundary wall in the 2 acres area, we were ok with it
Now years went by, and I didn’t enquire for the other acre document (my fault, I know) and recently I wanted to take a loan on the godown on that godown which I constructed on the 2 acre land (2 godowns seperated by a road in the middle) and I realised that I have the papers of 1 acre only
Now when I somehow found the seller ,he said the he only sold me 1 acre( his lie is justified by the fact that value of the land has gone 75x from the the time I purchased from him)
Now, I am thinking of applying adverse possession, is it a good option, the land boundary wall and godowns are both 15+ years old and all the neighbours are aware that it belongs to me
The point which is troubling me as per my research is The land record of the Dag(A term used by revenue dept to keep track of lands) consists of 80 acres and 40 land owners, and I am unaware of the actual owner of that 1 acre that I occupy without proper papers
Give me suggestions, how should I proceed with adverse possession, or should I drop the loan plan and keep using it like normal. The seller also forgot about the one acre document that he did not give me,so he also never objected to my possession even though he lived very near to my land
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BLawyer here, based in Delhi. Adverse possession is primarily a defense, meaning it is usually invoked when the legal owner files a suit for possession, and the possessor claims that their long, uninterrupted, and hostile possession has extinguished the owner’s title. However, the Supreme Court in Ravinder Kaur Grewal v. Manjit Kaur clarified that adverse possession can also be the basis for initiating a legal claim. This means you can file a suit for declaration of ownership based on adverse possession. Since you do not know the actual owner, the first step should be to conduct a title search at the revenue office.
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BI went for a chat at the revenue office, but he said the dag has 80 acres and 40 land holders , he will have to call upon all the land holders to figure out the actual owner, do you think this will be a smart thing to do, given that the loan is a non factor and I a enjoying it’s possesion since years, what is better for me status quo or adverse possession application
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BIf the loan is not a factor and you have been peacefully possessing the land for years without dispute, maintaining the status quo may be the simpler and less risky option. Initiating an adverse possession claim would require identifying the actual legal owner, which could bring unnecessary attention to your possession and possibly trigger ownership disputes. If no one has challenged your possession so far, pursuing formal ownership might not be worth the complications. However, if you ever plan to sell or legally transfer the property, you will need a clear title, in which case adverse possession or another legal route might become necessary.
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