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Can adverse possession be claimed over a property in Vadodara?

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(@Prerna Vohra)
Joined: 4 weeks ago
[#1720]
A portion of land adjoining my property in Vadodara has been occupied by another party for several years. Can they claim ownership through adverse possession?

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(@advocate-mudit-pratap)
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Joined: 2 months ago

Yes — adverse possession is a settled doctrine of Indian law that applies in Vadodara as it does across the country, and understanding it clearly matters whether you are someone who has been in long occupation of property without formal title, or a titled owner worried that someone is using your property without effective challenge.

The legal foundation is Article 65 of the Schedule to the Limitation Act 1963, which provides that a suit for recovery of immovable property based on title must be filed within 12 years from the date the defendant's possession becomes adverse to the plaintiff. If the true owner fails to file a suit within this 12-year period, their right to recover the property is permanently extinguished — and the person in adverse possession can then file a declaration suit to have their title recognised. For government-owned land, the period is 30 years under Article 112 and adverse possession cannot be perfected against government property in most categories.

The conditions for a successful adverse possession claim are strict and are scrutinised carefully by Vadodara's civil courts. The possession must be: open and visible to the owner; exclusive — not shared with the owner; continuous and unbroken for the full 12-year period without gap; and hostile — inconsistent with and in denial of the true owner's title, not permissive. A tenant, a licensee, or any person who occupies with the owner's knowledge and permission cannot claim adverse possession because their occupation acknowledges the owner's title. The Supreme Court has confirmed that the 12-year clock runs from when possession becomes adverse, not from when the true owner acquired their title. Evidence for a successful claim includes utility bills, VDMC property tax receipts, electoral roll entries showing the property address, photographs of structures erected, and witness testimony from neighbours. For property owners: if someone is occupying your Vadodara property without permission, file a possession suit before 12 years runs from the start of their adverse occupation — once that period elapses, your title right is permanently extinguished and no registered deed can recover it. The property advocates at the Vadodara panel of Aapka Legal Advice can assess whether a specific occupation satisfies these demanding conditions.


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