Title ownership via the doctrine of adverse possession
Adverse possession is a legal doctrine under which a person who is not the legal owner of a property becomes its owner by continuously possessing it for a certain period of time, as prescribed by law, without the permission of the original owner. This possession must be open, hostile, exclusive, and continuous. The concept is based on the principle that if the legal owner does not take action to reclaim the property within a specified time, they lose the right to contest the possession of the adverse possessor. Under Indian law, adverse possession is governed primarily by the Limitation Act, 1963. According to Section 27 of the Act, if a person possesses the property for more than 12 years, the original owner’s right to reclaim the property is extinguished, and the adverse possessor can claim legal ownership.
Services Provided:
1. Legal Consultation:
- Providing advice on the concept and implications of adverse possession.
- Assessing the validity of an adverse possession claim based on the specifics of the case.
3. Documentation and Evidence Collection:
- Assisting in gathering necessary evidence to support the claim of adverse possession, such as utility bills, tax receipts, and witness statements.
- Preparing affidavits and other legal documents to substantiate the claim.
4. Litigation Services:
- Representing clients in court to assert their rights under adverse possession
- Filing and defending suits related to adverse possession claims.
- Handling appeals and providing legal representation in higher courts if necessary.
5. Negotiation and Settlement:
- Facilitating negotiations between the adverse possessor and the original owner.
- Assisting in reaching out-of-court settlements to avoid lengthy litigation.
6. Regularization and Title Transfer:
- Helping clients in the process of regularizing their possession and transferring the title formally
- Coordinating with local land authorities to update land records and ensure the legal recognition of ownership.
7. Advisory Services for Property Owners:
- Advising property owners on how to protect their property from adverse possession claims.
- Suggesting measures such as regular property inspections, fencing, and legal notices to trespassers to safeguard ownership rights.