Central Idea

The recent report by the Law Commission on the law of adverse possession provides an overview of adverse possession, its historical origins, and its current provisions under the Limitation Act of 1963.

Adverse Possession

DEFINITION	It refers to the hostile possession of property, which must be continuous, uninterrupted, and peaceful.
Historical Background	Historical roots dating back to the *Hammurabi Code* and developed through statutes of limitation in England. The first attempt to introduce the law of limitation in India was through the “Act XIV of 1859,” regulating civil suits.
Provisions of the Limitation Act, 1963	The burden of proof for adverse possession shifted to the claimant, who must show continuous possession for a specified period.
SC Recommendations for Changes in the Law	*Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan and Others (2008)* case: The SC criticized the law of adverse possession as irrational and placing a premium on dishonesty. The SC recommended a fresh look at the law and urged the government to make suitable changes.
Recent Law Commission Report	There is no justification for changing the law on adverse possession. Two ex officio members of the Commission filed a dissent note, arguing that the law promotes false claims and should be struck off.
Dissenting Opinions and Criticisms	It questioned the contradictory requirement of peaceful and hostile possession in adverse possession cases. It argued that the law burdens the courts with unnecessary litigation and promotes false claims.