What is Adverse possession?

Under Article 65 of the Limitation Act, 1963, an owner has 12 years to sue for possession of private immovable property, counted from when the other person’s possession becomes adverse. For government land the period is 30 years (Article 112). There is no ‘3-year rule’ — that is a myth.

The possession must be open, continuous, hostile and uninterrupted. Secret use, or use with permission — such as a tenant or relative farming with your consent — is generally not adverse.

In Ravinder Kaur Grewal v. Manjit Kaur (2019), a three-judge bench of the Supreme Court held that a person who has perfected title by adverse possession can also use it to file a suit, not only as a defence.

Why it matters if you live abroad

The 12-year clock only matters if nobody notices; spotting and challenging hostile occupation early keeps it from ever running out. Talk to a local property lawyer about your situation.