SangsLegal News The Supreme Court of India placed significant emphasis on key aspects pertaining to the adverse possession principle.

In a recent case concerning the declaration of title, the Supreme Court of India emphasized key aspects related to the principle of adverse possession. The Court underlined that the claim of adverse possession combines both factual evidence and legal considerations (Karnataka Board of Wakf v. Govt. of India., (2004) 10 SCC 779). When asserting adverse possession, the person claiming it must establish the following points:

 (a) the date they acquired possession,

 (b) the nature of their possession,

(c) whether the other party was aware of their possession,

(d) the duration of their possession, and

(e) that their possession remained open and undisturbed.

The Court further emphasized that 

a) an individual asserting adverse possession lacks any legal rights supporting their claim,due to the fact that the claimant seeks to undermine the lawful rights of the true owner.

b) The period of limitation does not begin from the date when the plaintiff's right of ownership is established, but rather from the date when the defendant's possession turns adverse.

c) The crucial elements to consider in adverse possession cases are the concrete evidence of possessing the property exclusively and the intention of possessing it as the rightful owner, excluding the actual owner.

* Adverse possession is a legally recognized mechanism that allows an individual who is not the rightful owner but occupies a plot of land to acquire title and ownership over that land. This occurs after a specific duration of time has lapsed, as prescribed by the law.