Adverse possession in Indian property law is a legal principle under which a person can claim ownership of a property if they have been in continuous, open, and uninterrupted possession of it for a long period of time, even without the original owner’s permission.
Key points:
Meaning: It refers to possession of land belonging to someone else, where the possessor treats it as their own openly and without secrecy.
Time period: Generally, the person must occupy the property continuously for 12 years or more (as per the Limitation Act, 1963), without being disturbed by the true owner.
Conditions required:
Possession must be open and visible (not hidden)
It must be continuous and uninterrupted
It must be hostile, meaning without the owner’s consent
