The 22nd Law Commission, headed by former Chief Justice of Karnataka High Court Ritu Raj Awasthi said in its 280th report that there is no reason for increasing the period of limitation. However, two of its ex officio members filed a dissent note stating that the law does not stand judicial scrutiny and “promotes false claims under the colour of adverse possession”.
- The concept of adverse possession stems from the idea that land must not be left vacant but instead, be put to judicious use.
- The law on adverse possession is contained in the Limitation Act, 1963.
- Adverse possession is a legal concept that allows a person who has unlawfully occupied someone else’s land for a certain period of time to claim legal.
- To claim adverse possession, the occupier must prove that they have been in continuous, uninterrupted possession of the land for at least 12 years.
- Adverse possession refers to the hostile possession of property, which must be “continuous, uninterrupted, and peaceful.”
- While the concept originally dates back to 2000 BC, finding its roots in the Hammurabi Code, the historical basis of “title by adverse possession” is the development of the statutes of limitation on actions for recovery of land in England.
- The first attempt to bring the law of limitation to domestic shores was the “Act XIV of 1859”, which regulated the limitation of civil suits in British India.
- After the passage of the Limitation Act in 1963, the law on adverse possession underwent significant changes.
