how to claim adverse possession of land in Thiruvananthapuram

Detailed Legal Analysis

Adverse possession is governed by Article 65 of the Limitation Act, 1963, which provides a limitation period of twelve years for the owner to recover possession. To claim adverse possession of land in Thiruvananthapuram, you must prove continuous, uninterrupted, peaceful, and open possession for twelve years with the intention to dispossess the true owner.

The Kerala High Court has held that adverse possession must be hostile to the title of the true owner and cannot be permissive or under a license. Kerala Rent Control Act 1963 may have specific provisions regarding land records or revenue entries that support a claim of adverse possession in Kerala.

A suit for declaration of title by adverse possession can be filed before the civil court. The burden of proving all elements of adverse possession lies on the claimant.

Evidence such as tax receipts, utility bills, and witness statements of neighbors is crucial.