Statutory Conflict in Property Law: Analysing the Limitation Act, 1963 vs. the RERA Act, 2016
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2026
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| author | IJMSRT |
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| contents | <p>Abstract <br>One of the laws is the Doctrine of Adverse <br>Possession which allows a person staying <br>in possession of a piece of land that <br>belongs to a different individual to acquire <br>the title. This doctrine is mostly regulated <br>in India with the help of the Limitation Act <br>of 1963. According to this Act, 12 years <br>possession of the immovable property is a <br>time frame on which one can initiate a suit <br>concerning the private land and 30 years <br>concerning the government land. This <br>doctrine is based on the idea that a failure <br>of a landowner to claim his or her rights to <br>his or her property after some time should <br>make it cede its rights to the person who <br>has been running and sustaining the land. <br>Under adverse possession, when an <br>individual can prove that he or she has <br>occupied a piece of land openly, in <br>defiance, and against authorization over <br>the time that they require them to be so <br>occupied, then they may prove their legal <br>title. The doctrine has brought in a great <br>deal of debate and controversy in India. <br>Critics feel that it is unfair and <br>retrogressive and favors intruders and <br>punishes the rightful landholders. It has a <br>practical application according to its <br>advocates, as land is put to productive use, <br>and one way of overcoming the long<br>standing land disputes. The historical <br>background of the adverse possession, the <br>legal basis of adverse possession in India, <br>and the most prominent court cases that <br>affected the interpretation of adverse <br>possession would also be discussed in this <br>paper. It will also look at the existing <br>problems and controversies of this </p> <p>doctrine and how it impacts the property <br>rights in India. </p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_20195070 |
| institution | Zenodo |
| language | |
| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Statutory Conflict in Property Law: Analysing the Limitation Act, 1963 vs. the RERA Act, 2016 IJMSRT <p>Abstract <br>One of the laws is the Doctrine of Adverse <br>Possession which allows a person staying <br>in possession of a piece of land that <br>belongs to a different individual to acquire <br>the title. This doctrine is mostly regulated <br>in India with the help of the Limitation Act <br>of 1963. According to this Act, 12 years <br>possession of the immovable property is a <br>time frame on which one can initiate a suit <br>concerning the private land and 30 years <br>concerning the government land. This <br>doctrine is based on the idea that a failure <br>of a landowner to claim his or her rights to <br>his or her property after some time should <br>make it cede its rights to the person who <br>has been running and sustaining the land. <br>Under adverse possession, when an <br>individual can prove that he or she has <br>occupied a piece of land openly, in <br>defiance, and against authorization over <br>the time that they require them to be so <br>occupied, then they may prove their legal <br>title. The doctrine has brought in a great <br>deal of debate and controversy in India. <br>Critics feel that it is unfair and <br>retrogressive and favors intruders and <br>punishes the rightful landholders. It has a <br>practical application according to its <br>advocates, as land is put to productive use, <br>and one way of overcoming the long<br>standing land disputes. The historical <br>background of the adverse possession, the <br>legal basis of adverse possession in India, <br>and the most prominent court cases that <br>affected the interpretation of adverse <br>possession would also be discussed in this <br>paper. It will also look at the existing <br>problems and controversies of this </p> <p>doctrine and how it impacts the property <br>rights in India. </p> |
| title | Statutory Conflict in Property Law: Analysing the Limitation Act, 1963 vs. the RERA Act, 2016 |
| url | https://doi.org/10.5281/zenodo.20195070 |