Adverse Possession

Adverse Possession

Managing property from abroad is challenging, but knowledge of property laws for NRIs and proactive steps can prevent major losses. Legally, any owner of a property can, of their free will, decide to use or not to use their property. But, If the owner of a property allows a caretaker to take possession of the property or, if someone trespasses on any property and the owner of the said property does not take any timely action to evict the trespasser or claim his property from the caretaker within a specific period of Twelve years from the date of such possession, then the concept of ‘Adverse Possession’ legalises the occupant ( the trespasser or caretaker as the case may be) over the property.

NRIs possess ancestral properties such as agricultural land, farmhouses, and residential and commercial properties in their native places in India. Typically, these properties are either jointly owned or entrusted to relatives, tenants, or third parties to manage in their absence. So, NRIs who are residing abroad and have allowed any third party to stay in possession of their properties in India without any proper documentation/lease deeds are more vulnerable to land in trouble regarding securing back the possession of their properties, if any possession and ownership dispute arises. Such NRI’s are more prone to losing their properties in India by way of adverse possession as they are unable to visit India frequently to look after and maintain their real estate assets. It has been observed in many cases that NRI’s allow some trusted relatives or their friends to look after their properties as caretakers. Such arrangements are generally based on implicit trust and not supported by any legally binding paperwork/agreement. Such arrangements go on for many years and decades in most cases.

The Honourable Supreme Court of India recently passed a judgement which profoundly impacts the Indian NRI’s living overseas. This judgement has come to be known as a judgement based on the doctrine of Adverse Possession. The Apex Court has pronounced that Ownership rights can be acquired by the doctrine of adverse possession as enunciated by the Honourable Supreme Court in its recent judgement, and this has now been recognized in Article 65 of the Limitation Act, based on this judgement.

So, NRIs are now badly exposed to the machinations of greedy relatives or friends who can benefit by way of the doctrine of Adverse Possession claim ownership rights over such properties.

The Supreme Court has taken the view that anyone who has continuous, uninterrupted possession of the property for over Twelve years can acquire ownership rights of such property. This person in possession can take the plea of adverse against the real owner. It can be used both as a shield as well as a sword. He can defend his right or file a suit for possession if he has been dispossessed or for declaration of his title after he has acquired the right of ownership by adverse possession.

Subsequent to the judgments of the Supreme Court of India, a huge impact is reflected on the ownership rights of the NRIs properties. We at NRI Global Services provide comprehensive services dedicated to matters related to Adverse Possession. We provide a complete advisory and guidance to our NRI clients on the steps need to be taken to ensure that the doctrine of Adverse Possession does not become applicable to their properties in India. Whereas, in such cases where the doctrine of Adverse Possession has become applicable, but the matter has still not gone into the court, we provide remedial services to ensure that our clients can rightfully get back the possession of their property in question and continue their ownership. For such matters that have already become Sub-Judice and the person in possession of the property has already staked his claim of ownership rights under the doctrine of Adverse Possession, we provide complete litigation services to contest the cases of the rightful owners and fight for their case with full force and dedication within the ambit of Law.

Awareness Is the Best Form of NRI Property Protection

Understanding your NRI property rights, keeping documents updated, appointing trustworthy representatives, and using official grievance mechanisms are essential for peace of mind.

Ultimately, the best way to avoid property disputes in India is through legal awareness, regular oversight, and timely action.