July 2021

The law places a premium on dishonesty by legitimizing the possession of the trespasser and compelling the owner to lose his right of possession due to his inaction in taking back the possession within prescribed period. The Courts in several cases have wrestled the concept of adverse possession. SC in 2 decisions Hemaji Waghaji v Bhikabhai Kengharbhai and State of Haryana v Mukesh Kumar 2009, sought the need to have a fresh look at the Law of Adverse Possession.

The presumption U/s 106 of Evidence Act can be drawn against accused that, accused persons have murdered deceased17. Hon’ble Supreme Court of India in para 24 held that, when death of victim within six month occurred marriage and it is not established whether the death was accidental as claimed by defence or a suicide. No evidence showing that, soon before her death she had been subjected to cruelty or harassment for or in connection with any demand for dowry. The question of drawing any presumption by invoking provision of Section 113 (b) of Evidence Act would not arise16. Adverse possession – Stray act of trespass cannot ripen into adverse possession14.

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The Court noted that the Appellate Court and the High court had held that Hemaji had failed to establish his title over the suit land and additionally, had also failed to establish that he had perfected his title by way of adverse possession. The Court in Vidya Devi v. Prem Prakash2 held that “Adverse Possession” means hostile possession, that is, a possession which is expressly in denial of the title of the true owner. Possession “to be adverse must be possession by a person who does not acknowledge the other’s rights but denies them”.

• Many tenants forge documents like rent agreements and affidavits from the owners to occupy the property.
• On 28 February 2019, amid growing tensions over what was seen as a flawed claim process, the Court stayed its eviction order and directed the States to clarify by 12 July the procedure followed by State governments to decide on the validity and merits of claims.
• Even then for claiming this right, the conditions mentioned in law are to be complied with by the possessor.
• The exception to this is when the disseisor enters the land under a color of title to an entire parcel, their continuous and actual possession of a small part of that parcel will perfect their title to the entire parcel defined in their color of title.
• Overlaps between the “formal” and “informal” sectors exist, each aiding or, occasionally, inhibiting actions of the other.

Besides, it is critical to understand not only the actors and their actions, but also the preconditions under which their optimum participation can be ensured and the intended effects of various actions are met. Settlement development is essentially influenced by the degree of
homogeneity existing in a settlement. Homogeneity is the cohesiveness exhibited by the settlement as it develops over time. The defining attributes for homogeneity could be internal to a particular settlement or external. The Court thereafter recommended that the Union of India seriously consider and make suitable changes in the law of adverse passion.

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The government must provide the necessary resources to conduct a transparent and independent review of the rejected claims and to ensure no indigenous peoples are aggrieved. Where there is absolutely no alternative to eviction consent of affected people, adequate redress, and compensation are required. Hon’ble Orisa High Court held that, the non-triable can not claim the title by adverse possession on land belonging to member of Schedule Tribe9. Bacon J therefore allowed the appeal, but ordered that the stay on the 1987 possession action should be lifted, and gave summary judgment, granting possession of the flat to Iftikhar.

The phrase “Possession is nine points of the law” shows how the judicial system gives the possessor of any property legal protection. This is to avoid any incidents of unlawful acts such as violence against them. If the original owner had a title to a greater area (or volume) of property, the disseisor does not obtain all of it. The exception to this is when the disseisor enters the land under a color of title to an entire parcel, their continuous and actual possession of a small part of that parcel will perfect their title to the entire parcel defined in their color of title.

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As soon as miscreants get to know about the residential status of the owner, the unoccupied houses and vacant land parcels of NRIs become a high-risk target. Where land is registered under a Torrens title registration system or similar, special rules apply. It may be that the land cannot be affected by adverse possession (as was the case in England and Wales from 1875 to 1926, and as is still the case in the state of Minnesota[45]) or that special rules apply. The process of settlement development takes place in a series of consolidative stages each of which has a set of substages, with a goal of overall settlement development.

Having negatived the stands specifically taken by the Petitioner, the Court in its own wisdom invoked Section 11(10)(ii)[6] of the Act finding that the Petitioner was entitled to relief thereunder[7]. Section 11(10)(ii) requires the Registrar to take into consideration the bad faith of the applicant of a trade mark. It seems that the rent controller had dismissed the petition for eviction as there was no rent agreement executed between your husband and the tenant. Proceedings before the rent controller was never the answer if there was no rent agreement in the first instance.

The Court observed that the law which provides to oust an owner on the basis of inaction of 12 years in “illogical and disproportionate”. In doing so, the Court has, whilst testing the patience of its relationship with the Union of India, clearly attempted to infuse a whiff of fresh air into the archaic laws dealing with immovable property in India. In the favelas, families will join to create a mutirão — mutual construction society — and build their homes together. In Kibera, the largest mud hut community in Nairobi, Kenya, women form “merry-go-rounds” to pool their money. In Istanbul, squatter communities have elected governments that establish planning and zoning principles. Local cooperative efforts like these can help make rebuilding and recovery possible in Haiti.

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Similarly, in the case of bequeathed or inherited property, you may not have all the documents readily available. Keep original documents safe and always make physical and soft copies of all documents. As a safety measure keep an updated record of the documents with your legal or financial advisors.

Some things must be preceded by spirituality which is higher, lofty, pure and divine thinking. It is just like Directive principles of state policy prescribed in Part IV of the constitution. The Articles in this part of the constitution are crucial, important and significant. squatters rights india The law of adverse possession has to be viewed from the angle of welfare and charity1. The proceedings were stayed but the family’s attempts to settle the dispute failed. During his occupation, Vaqar asked Iftikhar to continue paying the service charge, and Iftikhar did so.

Adverse possession is one of the most contentious methods of acquiring property, albeit one that has played a huge role in the history of English land. Historically, if someone possessed land for long enough, it was thought that this in itself justified acquisition of a good title. This meant that while English land was continually conquered, pillaged, and stolen by various factions, lords or barons throughout the Middle Ages, those who could show they possessed land long enough would not have their title questioned.

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This paper attempts to identify such processes to facilitate effective intervention, encouragement and support, so as to “…..restore to the people, the power to decide on their own lives…..” as defined by Rabindranath Tagore more than 75 years ago. Interestingly, the Court thereafter proceeded to deal with some important cases regarding the principle of adverse possession including P.T. (“Revamma”)3 wherein, the Court had examined the legal position in various other countries particularly in the English and American system. In Revamma, the Court had held that human rights, which included the right to property, were now gaining a multifaceted dimension and therefore, the right to property, including claims of adverse possession, would need to be read in that context. Hemaji had filed a suit for declaration and permanent injunction before the trial court asking to be declared as the lawful owner and occupier in respect of the suit land and an additional prayer that Bhikhabhai be restrained from causing hindrance in the possession and occupation of the suit lands. With the above findings, the Court held that though the Petitioner was not entitled to relief on the grounds pleaded, as the facts made out that Respondent No. 1 had adopted the Mark in bad faith, the Mark ought to be removed from the register of trade marks invoking Section 11(10)(ii) of the Act.

The remedy for your husband is to file a suit for recovery of possession in the civil court against her. In his suit your husband can also claim mesne profits i.e the cost for staying in the property. You filed proceedings under a wrong provision of law, which is why the courts could not come to your rescue. After expiry of the statutory limitation period, there cannot be any cause of action and the adverse possessor acquires the right, title and interest of the original owner(s) of the property. He/she becomes entitled to deal with the said property in the way he/she likes or desires.

The stages are not conclusive in their outcome, in the sense that they represent a continuum with one stage overlapping or sometimes running parallel to the others. In the above case, the Court observed that the Defendants indulged in squatting of a total of 378 well-known marks of different entities. By directions of the Court, the Defendants in their written undertaking acknowledged the rights of the Plaintiffs and undertook to withdraw not only the application infringing the rights of the Plaintiffs but also all the other applications infringing well-known marks. Adverse possession is sometimes called squatter’s rights, although squatter’s rights are a colloquial reference to the idea rather than a recorded law4. The laws governing tenancy were made at a time when the property owners treated their tenants ruthlessly and did not provide any services. The legislature passed laws to give more protection to tenants to protect them from wrongful eviction by the landlords.

Besides this indirect effect, there is also the direct effect in the form of improvement programmes initiated by the SCB and other municipal bodies. As a consequence of all this, there is overall settlement and housing improvement and development. It is interesting to study the relationships between characteristics of the settlement and the residents as they progress through the consolidative stages [Table 3]. The ability of the residents to mobilize resources from within the settlement as well as from outside in terms of “people’s resources” is a critical aspect which needs to be utilized in any settlement development programme.

• Many people use these documents to construct, start their business, live on the premises, and rent it out.
• Make it a point to get all the documents, update all the records, and get them registered as soon as possible.
• The effect of such law would “seem draconian to the owner” and “a windfall for the squatter”.
• So courts can scarp any law based on non-compliance of procedure or if law is beneficial to public.
• Once the SCB is satisfied with the “slum” conditions in the settlement, it is empowered to declare it as a slum and initiate improvement programmes on the same site, or relocate the residents to a new location.

There are pavement dwellers in India and in Hong Kong as well as rooftop slums. Informal settlements in Latin America are known by names such as villa miseria (Argentina), pueblos jóvenes (Peru) and asentamientos irregulares (Guatemala, Uruguay). Overlaps between the “formal” and “informal” sectors exist, each aiding or, occasionally, inhibiting actions of the other. In the case of squatter settlement development, several processes run parallel, some duplicating and intertwining with each other. Any effort to improve squatter settlements have to take such processes into consideration in order for it to be viable.