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Adverse possession is a legal concept that is used to determine ownership of a piece of real estate. It is a long-standing principle of real estate law that provides a way for a person who has been in continuous possession of a piece of land for a certain period of time to gain legal title to that land. In India, adverse possession is governed by the Transfer of Property Act, 1882. Adverse possession is based on the principle of “first in time, first in right”, meaning that the first person to possess the property has a better claim than those who come later. The person claiming the property must show that they have been in exclusive, continuous, and uninterrupted possession of the property for a certain period of time, depending on the laws of the state. If they can prove this, they may be able to obtain legal title to the property. Adverse possession is not just a common law concept, but is also recognized in Indian law. The Transfer of Property Act, 1882, governs adverse possession in India. Under this act, a person must be in possession of the property for at least 12 years before they can claim title to it. This 12 year period is known as the “limitation period” and is calculated from the date of dispossession of the true owner. The person claiming the property must also prove that they have been in exclusive, continuous, and uninterrupted possession of the property for this period of time. The person claiming ownership must also prove that their possession is “in the nature of ownership” and not merely “tolerated” by the true owner. This means that the person claiming the property must show that they have used it as if they were the true owner. This includes paying taxes on the property, maintaining it, and making necessary improvements. It should be noted that adverse possession does not apply to certain types of property. For example, adverse possession does not apply to public property, such as roads, parks, or open spaces. Additionally, it does not apply to property held in trust or in the name of a minor. Adverse possession can be a valuable tool for those who have been in continuous possession of a property for a long time, but have not been able to obtain legal title to it. However, it is important to remember that the burden of proof lies on the claimant and they must prove that their possession has been exclusive, continuous, and uninterrupted for the required period of time. Additionally, they must show that their possession was “in the nature of ownership” and not merely tolerated by the true owner. In conclusion, adverse possession is a legal concept that is used to determine ownership of a piece of real estate. It is governed by the Transfer of Property Act, 1882 and provides a way for a person who has been in continuous possession of a piece of land for a certain period of time to gain legal title to that land. The person claiming the property must show that they have been in exclusive, continuous, and uninterrupted possession of the property for at least 12 years and that their possession was in the nature of ownership and not merely tolerated by the true owner. Adverse possession can be a valuable tool for those who have been in continuous possession of a property for a long time, but have not been able to obtain legal title to it.