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Invalid Grant and Adverse Possession: Can Possession Under Invalid Title Perfect Ownership?

In property law, few concepts spark as much debate as adverse possession. But what happens when possession begins under an invalid grant—like a void sale deed, unregistered document, or unauthorized lease? Does continued possession ripen into legal title? This post breaks down the legal principles from Indian courts, drawing on key judgments to answer: Invalid grant adverse possession—when does it work, and when does it fail?

This is general information based on case law, not legal advice. Consult a qualified lawyer for your specific situation, as outcomes depend on facts.

What is Adverse Possession?

Adverse possession allows a person to claim ownership of land after possessing it openly, continuously, and hostile to the true owner's title for a statutory period (typically 12 years under Article 65, Limitation Act, 1963).

Key elements include:
- Necessitas possidendi (animus to possess as owner)
- Continuous and uninterrupted possession
- Open and notorious (not hidden)
- Hostile (without permission)

But possession under a valid title is permissive and cannot be adverse. The twist? Possession under an invalid grant often starts permissive but may become adverse over time. Moolchand VS Mst. Dhanni - 1980 Supreme(Raj) 153

Possession Under Invalid Grants: The General Rule

Courts have consistently held that possession taken under an invalid title or grant is prima facie adverse from the outset, provided it's exercised as of right and openly.

It is thus settled law that possession exercised as of right and openly, uninterrupted for a period of over 20 years, under colour of an invalid grant is prima facie adverse to the title of the real owner from the very moment such possession is taken under the invalid grant. Moolchand VS Mst. Dhanni - 1980 Supreme(Raj) 153

Landmark Supreme Court View

In cases like the Corporation of Bombay reference, possession under an invalid government grant for over 70 years perfected title against the state. The possession was not referable to any legal right and thus hostile. Dasarath Sharma VS State Of Odisha - 2021 Supreme(Ori) 222

Similarly:
- Unregistered sale deeds: Possession becomes adverse from the transaction date if continued for 12+ years. FAKIR TANTY VS SUBDIVISIONSL OFFICER - 1986 Supreme(Ori) 284
- Void gifts: However, possession under a void gift (lacking registration under TP Act s.123) is not adverse because it's totally invisible in the eye of law. No title perfects. Annapurna Bag VS Motiram Sahu - 2022 Supreme(Ori) 32

When Does Invalid Grant Lead to Title?

Success depends on context. Here's a breakdown:

1. Invalid Sales or Leases (Often Successful)

• Possession under unregistered sale deeds or invalid leases can perfect title if:


• Continuous for 12+ years


• Publicly asserted as ownership


• No acknowledgment of true owner's title

Example: In a Sundargarh land dispute, unregistered deeds led to adverse possession title. FAKIR TANTY VS SUBDIVISIONSL OFFICER - 1986 Supreme(Ori) 284

The possession acquired under an invalid title deed becomes adverse from the date of the transaction, and if continued for twelve years or more, the title becomes unassailable. FAKIR TANTY VS SUBDIVISIONSL OFFICER - 1986 Supreme(Ori) 284

2. Government or Inam Lands (Strict Scrutiny)

• Against government, 30-year period applies (Article 112, Limitation Act).


• Invalid grants (e.g., by marfatdars) don't confer rights; trespassers' possession may not mature if not 'khas possession.' BISWANATH NAIK VS SHAIK DILBAR - 1961 Supreme(Ori) 91


• In Khaji inam lands, 12+ years adverse possession against office-holder perfects prescriptive title. Khaji Mir Majavath Alli VS Khaji Mir Mujafar Alli - 1923 Supreme(Mad) 281

3. Religious Institutions & Protected Lands (Often Fails)

• Claims barred post-enactment of protective laws (e.g., TN HR&CE Act s.109). Prior decrees bind successors. 1st petitioner vs respondents 1 to 6 - 2025 Supreme(Online)(Mad) 34361


• Patta or payments don't confer title.

4. Void Gifts & Family Arrangements (Typically Fails)

• Possession under void/ unregistered gifts isn't adverse; donees treated as permissive occupants. Annapurna Bag VS Motiram Sahu - 2022 Supreme(Ori) 32


• Contradictory pleas (title + adverse possession) fail. Subramania Pandian (Died) Vs State Of Tamil Nadu - 2025 Supreme(Mad) 2962

| Scenario | Adverse from Date? | Statutory Period | Key Case |
|----------|-------------------|------------------|----------|
| Invalid Sale Deed | Transaction Date | 12 years | FAKIR TANTY VS SUBDIVISIONSL OFFICER - 1986 Supreme(Ori) 284 |
| Void Gift | No (permissive) | N/A | Annapurna Bag VS Motiram Sahu - 2022 Supreme(Ori) 32 |
| Invalid Lease | Taking Possession | 12/30 years | K A MOHAMMED BASHEER vs KUNHAHAMMADKUTTY - 2018 Supreme(Online)(KER) 48498 |
| Govt Invalid Grant | Taking Possession | 30 years | Moolchand VS Mst. Dhanni - 1980 Supreme(Raj) 153 |

Pleading & Proving Adverse Possession

Plea must be specific—mixed question of law/fact. Vague claims fail.

• Onus on claimant: Prove exact start date, continuity, hostility. Kareem Khan, Since Deceased By Legal Representatives vs State Of Karnataka, By Its Chief Secretary - 2025 Supreme(Kar) 2897


• No plea? No consideration. K. Ramasamy VS Ayyasamy - 2016 Supreme(Mad) 3774


• Contradictory claims (e.g., 'our title + adverse possession') rejected. Subramania Pandian (Died) Vs State Of Tamil Nadu - 2025 Supreme(Mad) 2962

The plaintiff cannot claim contradictory right one by way of possession and another by way of adverse possession. Subramania Pandian (Died) Vs State Of Tamil Nadu - 2025 Supreme(Mad) 2962

Courts presume continuity only if evidence supports. Moolchand VS Mst. Dhanni - 1980 Supreme(Raj) 153

Limitations & Exceptions

• Permissive possession: Never adverse (e.g., family, licensee). CHELLAMMA, (DIED) (LEGAL HEIRS IMPLEADED) vs GOPALA PILLAI BALAKRISHNA PILLAI - 2026 Supreme(Online)(Ker) 10143


• Acknowledgment: Resets limitation clock.


• Invalid under specific laws: E.g., Kerala Land Reforms Act s.74—lessee can't claim without animus possidendi. K A MOHAMMED BASHEER vs KUNHAHAMMADKUTTY - 2018 Supreme(Online)(KER) 48498


• Religious endowments: Barred by statute. 1st petitioner vs respondents 1 to 6 - 2025 Supreme(Online)(Mad) 34361

In Brundabana Sharma, alternative pleas (occupancy ryot + adverse) failed as mutually opposite. Dasarath Sharma VS State Of Odisha - 2021 Supreme(Ori) 222

Modern Contexts & Evolving Law

• Land acquisition: 'Paper possession' via invalid mahazar doesn't count; schemes lapse if unimplemented. Bangalore Soft Drinks Pvt. Ltd. vs Bangalore Development Authority - 2025 Supreme(Kar) 2078


• Inam abolition: Post-vesting, adverse claims scrutinized; long possession alone insufficient without hostility proof. Kareem Khan, Since Deceased By Legal Representatives vs State Of Karnataka, By Its Chief Secretary - 2025 Supreme(Kar) 2897

Courts emphasize: Mere long possession ≠ adverse. Must prove animus against true owner. CHELLAMMA, (DIED) (LEGAL HEIRS IMPLEADED) vs GOPALA PILLAI BALAKRISHNA PILLAI - 2026 Supreme(Online)(Ker) 10143

Key Takeaways for Property Owners

1. Monitor your land: Dispossession under invalid title can mature into ownership.


2. Act promptly: File suits within limitation; don't sleep on rights.


3. Document possession: Revenue entries, mutations help rebut claims.


4. Seek legal aid: Adverse claims require forensic evidence review.

In most cases, possession under truly invalid grants (sales/leases) ripens into title if proven hostile and continuous. But voids like gifts or protected lands rarely do. Always plead precisely.

Conclusion

Invalid grant adverse possession hinges on whether possession is 'as of right' and hostile. Supreme Court precedents affirm it can perfect title Moolchand VS Mst. Dhanni - 1980 Supreme(Raj) 153, but failures abound in family, religious, or statutory barred scenarios Annapurna Bag VS Motiram Sahu - 2022 Supreme(Ori) 32.

Property disputes turn on facts—get professional advice. This analysis draws from authoritative judgments to guide, not dictate.

Disclaimer: This post summarizes case law for educational purposes. Laws vary by jurisdiction; past cases don't guarantee outcomes. Not substitute for legal counsel.