Banshidhar Baug, M.A. LL.B., Advocate, Orissa High Court
ABSTRACT
Adverse possession is a legal doctrine that allows an individual to claim ownership of land through continuous, open, and hostile possession over a specified period. In India, the Limitation Act, 1963 governs this process, setting time limits for claims on both private and government land. This title focuses on the relationship between adverse possession and property rights, examining the legal framework and its implications for land ownership in India.This paper analyzes the statutory provisions of the Limitation Act, particularly Articles 64, 65 of the schedule, and Section 27 of the Limitation Act, which outline the timeframes for claiming property based on adverse possession. It also delves into significant judicial interpretations in key cases such as Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan and State of Haryana v. Mukesh Kumar, which have influenced how the courts view adverse possession claims. Despite its utility in resolving long-standing disputes, adverse possession has drawn criticism for undermining the property rights of rightful owners, particularly in cases involving government land. The paper evaluates whether reforms—such as extending limitation periods and introducing a good faith requirement—are necessary to modernize this doctrine while protecting landowners' rights.
Keywords: Adverse Possession, Property Rights, Judicial Interpretations
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