Legal Advice

How to recover possession of my land?

Question: Buyer has illegally encroached on my grandfather's property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather's property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather sold about 7 acres and the rest of the agricultural land was illegally occupied and registered. I went to the person who occupied the land to ask for the rest of the land. Then he started threatening me and my family.  Later I approached the police and they told me to solve this issue in the court. Secondly, my grandfather sold the 7 acres of property without telling the kids (who were majors at the time of registration. Can I file a partition suit? Any answers will be helpful and thanks in advance.


You cannot reclaim that property because it is barred by limitation. Statutory period of limitation for possession of immovable property is twenty years. Buyer has taken possession over the land and you never opposed his right in these years. 

Hence, the buyer has been in adverse possession over that property. Therefore, he has acquired legal ownership according to the principle of adverse possession. The limitation period for recovering the possession is twenty years from the date of dispossession. Hence, you have no right to claim ownership on that property.

Shivendra Pratap Singh


High Court Lucknow