In India, the limitation period for possession of immovable property, typically in cases involving claims of adverse possession or recovery of possession, is governed by the Limitation Act, 1963. Here’s an overview of the limitation period for different scenarios related to possession of immovable property:
Adverse Possession by a Trespasser (12 Years)
If someone has been in continuous and uninterrupted possession of another person’s immovable property openly and without the owner’s permission, they may claim ownership under adverse possession after 12 years.
Under Article 65 of the Limitation Act, a suit for recovery of possession by the owner must be filed within 12 years from the date they lose possession.
If the rightful owner fails to take action within this 12-year period, the person claiming adverse possession may gain legal ownership of the property.
Adverse Possession Against Government Property (30 Years)
For property owned by the government, the limitation period for a person to claim adverse possession is 30 years.
This means that a private person must occupy government land continuously and without interruption for 30 years to claim ownership.
After 30 years, if the government has not taken any action, the person in possession may claim ownership rights under adverse possession laws.
Recovery of Possession (12 Years)
Under Article 65 of the Limitation Act, the limitation period for the owner to file a suit for recovery of possession of immovable property from another person (such as a trespasser or occupant) is also 12 years.
The limitation period starts from the date the rightful owner was dispossessed or lost control of the property.
Limitation Period for Co-owners
For co-owners or joint owners, the possession by one co-owner is generally considered possession for all, and the limitation period only begins if one co-owner explicitly denies the rights of the other.
In such cases, co-owners must initiate action within 12 years from the date of explicit denial of their ownership rights or possession.
Mortgage-Related Limitation (30 Years for Redemption)
For properties under mortgage, the borrower or mortgagor has a period of 30 years to reclaim (or "redeem") possession of the property from the mortgagee.
This period begins from the date of the mortgage transaction. After this period, the borrower loses the right to recover possession.
I hope this helps you understand the limitation period for possession of immovable property.
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What is the Limitation Period for Possession of Immovable Property?
Shakti
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2024-11-08T16:07:36+00:00 2024-11-08T16:07:37+00:00Comment
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