If the government is claiming ownership of your property, it is essential to understand the legal remedies available under the Constitution and property laws. As per Article 300A of the Constitution of India, no person shall be deprived of their property except by authority of law. This means the government cannot take possession arbitrarily without following due legal process.
Can Government Claim Adverse Possession?
No! The government cannot take possession arbitrarily.
If the acquisition is for public purpose, it must comply with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013), which provides for notice, hearing, fair compensation, and rehabilitation.
If your property is being claimed under outdated records or mistaken entries, you can approach the civil court under Section 9 of the Code of Civil Procedure, 1908 for declaration of title and injunction.
The Supreme Court in State of Haryana v. Mukesh Kumar (2011) held that the right to property, though no longer a fundamental right, remains a constitutional and human right protected under Article 300A.
Similarly, in Bishambhar Dayal Chandra Mohan v. State of U.P. (1982), the Court ruled that the State cannot take possession of private property without lawful authority. If acquisition proceedings are challenged, the remedy lies before the High Court under Article 226 or the Supreme Court under Article 32 for violation of constitutional rights.
You should immediately gather title documents, revenue records, and tax receipts to prove ownership, and consult a property lawyer for filing objections before revenue authorities or courts.
If dispossession has already occurred without lawful process, a writ petition for restoration of possession is maintainable. Thus, the government must establish lawful authority, failing which courts will protect private ownership.
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What to Do if the Government is Claiming Ownership of Our Property?
ravi
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2025-09-21T11:49:36+00:00 2025-10-07T11:16:06+00:00Comment
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