To acquire title by the plea of adverse possession, the following requirements must be complied with: –
- Possession must be uninterrupted and peaceful
- It must be continuous for 12 years.
Archives: FAQs
Is it mandatory that the possessor must establish a period of 12 years to claim the ownership of the property?
Yes, it is mandatory to show that the possessor enjoys the possession for a continuous period of 12 years.
What are the basic requirements to establish the claim of adverse possession?
The basic requirements to such a claim are as follows: –
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- Uninterrupted possession
- Possession must be continuous.
- Possession must be enjoyed by the possessor for 12 years (in the case of an individual) and 30 years (in the case of the Government)
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Can adverse possession be claimed as a right?
Yes,it can be claimed as a right if all the requisites of the plea are complied with, i.e. the possession must be uninterrupted, peaceful and for a continuous period of 12 years.
Can a Power of Attorney be present before the Sub-registrar for registry of immovable property?
Yes, provided there is a duly executed Power of Attorney empowering such individual for such representation. Furthermore, the said POA shall be produced before the Sub Registrar.
What is the purpose of registration?
Registration on documents that require mandatory registration, provides legitimacy to rights under such documents, which can be further used as documentary evidence before the Court of law.
Can an NRI acquire agricultural land?
No, an NRI is restricted under the RBI guidelines from acquiring agricultural land.
How is the stamp duty on an instrument calculated?
Stamp duty is provided by State Governments under their respective State Stamp acts and Rules to the Indian Stamp Act 1899
Does a Will require to be registered?
No, as it is covered under testamentary instruments, which do not require mandatory registration.