Legal matters in land

Practically there is NO time Bar Or limitations - depend on merit of each case. Even it may prevail after 50 years as was evident in recent litigations of Nawab of West Bangal's hairs. more  

Click on this url given below to read a SPECIAL LEAVE TO APPEAL filed in the Hon'ble SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 28034/2011(Arising out of CC 9038/2010) http://supremecourtofindia.nic.in/outtoday/38720.pdf Historical background The concept of adverse possession was born in England around 1275 and was initially created to allow a person to claim right of “seisin” from his ancestry. Around 1623 a statue of limitations was put into place that allowed for a person in possession of property for twenty years or more to acquire title to that property. As a result, the time period to acquire land by adverse possession has been reduced in some States to as little as five years, while in others, it has remained as long as forty years. The concept of adverse possession exits to cure potential or actual defects in real estate titles by putting a statute of limitation on possible litigation over ownership and possession. A landowner could be secure in title to his land; otherwise, long-lost heirs of any former owner, possessor or lien holder of centuries past could come forward with a legal claim on the property. Since independence of our country we have witnessed registered documents of title and more proper, if not perfect, entries of title in the government records. The Supreme Court is of the opinion that Adverse possession allows a trespasser – a person guilty of a tort, or even a crime, in the eyes of law - to gain legal title to land which he has illegally possessed for 12 years. How 12 years of illegality can suddenly be converted to legal title is, logically and morally speaking, baffling. In fact the apex court recommended to the the Parliament to seriously consider at least to abolish “bad faith” adverse possession, i.e., adverse possession achieved through intentional trespassing. Actually believing it to be their own could receive title through adverse possession sends a wrong signal to the society at large. Such a change would ensure that only those who had established attachments to the land through honest means would be entitled to legal relief. In case, the Parliament decides to retain the law of adverse possession, the Parliament might simply require adverse possession claimants to possess the property in question for a period of 30 to 50 years, rather than a mere 12. Such an extension would help to ensure that successful claimants have lived on the land for generations, and are therefore less likely to be individually culpable for the trespass (although their forebears might). A longer statutory period would also decrease the frequency of adverse possession suits and ensure that only those claimants most intimately connected with the land acquire it, while only the most passive and unprotective owners lose title. more  

True it is buyers responsibility to give paper advertisement,time and seek remedy.But that shall not happen. more  

if there is legal right, there is legal remedy so any legitimate claim can not be denied purely on technical grounds as law also provides conditions when time-barred cases can also be admitted by respective courts based on merit, please. more  

No limitation date of knowledge about the sale is the starting period of limitation. more