Squatter can have the ownership rights over your property if the property won’t get pleaded before court within 12 years. A bench of justices R K Agarwal and A M Sapre stated, if a person justifies actual, peaceful and discontinued possession of a property owned by another for more than a decade, “a case of adverse possession can be detained to be made out which, in turn, results in depriving the proper owner of his ownership rights in the property and confers ownership rights of the property in the person who claims it“.
Nevertheless, the bench inquires a caution by ruling that as a matter of course a settler must let in the ownership of the actual title-holder over the property and make the true owner a party to the suit before the court for filing a petition regarding the ownership over the property through down side possession.
This verdict arrives while a Muslim man from Jalgaon, Maharashtra had demanded the ownership over a property through adverse possession. He had endeavored to advance the entreaty of adverse possession, to claim complete takeover of the property, which was handed down to a Muslim lady after his father’s demise.
Superseding a Bombay high court judgment in favor of the man, the apex legislative authority of India said, “When both courts below held and, in our view accurately, that the defendant has failed to prove the plea of adverse possession, then such parallel decision of fact was above reproach and binding on the HC. The HC slips up deeply in observing that it was not obligatory for the defendant to first admit the ownership of the claimant before raising such a plea.“
The man’s thereon appeal was that he was the adopted son of the late original owner and thereupon he turns out to be the current owner of the property. The petition taken by a defendant about adoption explains his ownership over the land as inherit of the true owner was fairly held against him. He was unable to prove him as an adopted son. It’s a settled code of Mohammadan law that it doesn’t identify the adoption. Justice Spare wrote this judgment for the bench. Thus SC gave ownership to the lady who was the actual heir of the property.
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