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https://www.nrilegalservice.com/blog/adverse-possession-in-indian-legal-system-rules-for-claiming-ownership/ Adverse possession India Adverse Possession In Indian Legal System: Rules For Claiming Ownership Non-Resident Indians (NRIs) may experience difficulties with adverse-possession law in India because it may be difficult to defend property rights in their absence. Over time, unauthorised tenants may claim ownership as a result of absence, which could result in legal difficulties. To safeguard their interests, NRIs should keep an eye on their homes and take quick action to resolve any adverse possession concerns. What Is Adverse Possession According to legal theory, someone can legally take possession of someone else’s property by openly and persistently utilising it for a predetermined amount of time without the owner’s consent. The usage must to be antagonistic to the owner’s interests, actual, evident, and exclusive. The possessor may obtain legal title to the property upon fulfilment of specific requirements. Is Adverse Possession Legal In India In accordance with Indian law, adverse possession is recognized. Adverse possession law in India is governed under the Limitation Act, 1963. As per the Act, an individual can obtain lawful title to another person’s property if they occupy it in an open, continuous, and uninterrupted manner for a predetermined statutory duration, which is often 12 years. What Does The Doctrine Of Adverse Possession Say? Under the doctrine of adverse possession, someone can legally assert ownership of someone else’s property by using and occupying it in public without the owner’s consent for a predetermined amount of time. This legal precept seeks to avoid latent ownership conflicts and encourage the effective use of land. How Can NRI’s Prevent Adverse Possession Of Their Properties? Property Management Hire a reliable property manager or designate a local representative to monitor and report on the property on a regular basis. This will reduce the possibility of undetected encroachment and ensure that any problems are dealt with quickly to avoid accusations of adverse possession. Legal Documentation Keep complete and correct property records, including ownership documents, to provide a transparent legal trail and hinder squatters’ attempts to reclaim their property. Regular Monitoring Check the property’s status and condition on a regular basis, making sure that any unauthorized use is quickly discovered.

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