| A portion of land adjoining my property in Patna has been occupied by another party for several years. Can they claim ownership through adverse possession? |
Yes — and adverse possession is a legal doctrine that property owners in Patna must understand both as a potential remedy (if you have been in long undocumented occupation) and as a real risk (if someone has been occupying your property without your effective challenge). The principle is settled law and applies in Bihar as it does across India.
The governing provision is Article 65 of the Schedule to the Limitation Act 1963, which prescribes a 12-year limitation period for a suit for recovery of immovable property based on title. If the true owner fails to file a possession suit within 12 years from the date the other person's possession becomes hostile to their title, the owner's right to recover the property is extinguished. The person in adverse possession can then file a suit for declaration of their title. For government-owned land, the limitation period is 30 years under Article 112, and adverse possession cannot be perfected against government land in most categories.
The conditions for a successful adverse possession claim in Patna's civil courts are strict. The possession must be: open and visible — not concealed from the owner; exclusive — not shared with the owner; continuous and unbroken for the full 12-year period — gaps or interruptions reset the clock; and critically hostile — inconsistent with and in denial of the true owner's title. A tenant, a licensee, or a person who occupies with the owner's permission cannot claim adverse possession because their occupation acknowledges the owner's title rather than denying it. The Supreme Court has confirmed that the 12-year clock runs from when the possession becomes adverse, not from when the owner acquired their title — meaning the start date matters enormously and is frequently contested in Patna's civil courts. Evidence for a successful claim includes electricity bills, PMC property tax receipts, Aadhaar records showing the property address, photographs of structures erected, and neighbour testimony. The property lawyers at the Patna panel of Aapka Legal Advice can assess whether a specific occupation in Patna meets these demanding requirements.
For property owners: the message is urgent and clear. If someone is occupying your Patna property without permission, file a possession suit before 12 years from the start of their adverse occupation. Once that period runs out, your title right is extinguished permanently, and no document can recover it.
