We live in a trust property and there is a guest house which claims that the property is given to them in trust, we are living for past 200 years they can construct their portion but we can't. There are 10 families. How can we claim ownership?

This is a complex and sensitive issue, but let me break down the legal position and your possible options in a way that’s clear and practical.

Overview of the Legal Position:

You mention that your families have been living on this trust property for about 200 years, but the trust (or its guest house) claims the property and restricts your right to construct, while allowing themselves to build. This situation involves questions of (a) trust property law, (b) tenancy or occupancy rights, and (c) the doctrine of adverse possession.

1. Nature of Trust Property and Your Status

If the property is indeed held by a public or private trust, the trust is generally the legal owner, and the property is to be used for the purposes specified in the trust deed or will. The Supreme Court has repeatedly held that trustees are duty-bound to manage trust property for the benefit of the trust and not for private gain (see Ramanathan Chettiar v. Lakshmanan Chettiar, AIR 1960 SC 1186).

However, long-standing occupation by families—especially over generations—can sometimes give rise to special rights, depending on the facts and local tenancy laws.

2. Long Possession and Adverse Possession

You mention 200 years of occupation. Under Indian law, the doctrine of adverse possession allows a person in continuous, open, and hostile possession of property to claim ownership if the true owner does not assert their rights within the limitation period (typically 12 years for private property, as per Article 65 of the Limitation Act, 1963).

But there are important caveats:

• Trust Property Exception: The Supreme Court in Church of North India v. Lavajibhai Ratanjibhai (2005) 10 SCC 760 held that adverse possession cannot generally be claimed against public trust property, especially religious or charitable trusts, as these are held for public purposes and are protected from being lost by adverse possession.

• Private Trusts: If the trust is private, adverse possession may be possible, but only if you can show that your possession was hostile to the trust’s title and not as a tenant, licensee, or beneficiary.

• Tenancy/Licensee: If your families were originally allowed to stay as tenants, licensees, or beneficiaries, your possession is not “adverse” but “permissive,” and cannot ripen into ownership by adverse possession (Karnataka Board of Wakf v. Government of India, (2004) 10 SCC 779).

3. Hereditary Tenancy and Occupancy Rights

Some old tenancies, especially in temple or trust lands, can become “hereditary tenancies” under local land laws (see, for example, the U.P. Tenancy Act, 1939 or the Bombay Tenancy and Agricultural Lands Act, 1948). Hereditary tenants have strong rights, including sometimes the right to make improvements or even claim occupancy rights.

From the legal extracts you provided, there are references to “hereditary tenants,” “grantees,” and “prescriptive rights.” If your families have been in continuous, undisputed possession for generations, and if the trust has not objected or collected rent, you may have a claim to hereditary tenancy or occupancy rights, depending on the local law.

4. Construction Rights

Even if you are hereditary tenants or long-term occupants, you generally cannot make permanent constructions on trust property without the written consent of the trust or the landholder (see, for example, Section 108(p) of the Transfer of Property Act, 1882; also referenced in your extracts). The trust’s refusal to allow construction is legally valid unless you can establish a higher right (ownership or occupancy).

5. Practical Steps and Legal Remedies

• Document Your Possession: Gather all documents showing your families’ long possession—old rent receipts, correspondence, electoral rolls, ration cards, etc.

• Check the Trust Deed/Will: See if the original trust deed or will mentions your families’ rights or status.

• Local Land Records: Check if your names appear in revenue or municipal records as occupants, tenants, or otherwise.

• Legal Notice: If you believe you have a right (hereditary tenancy, occupancy, or adverse possession), you can serve a legal notice to the trust asserting your claim.

• Civil Suit: If the trust threatens eviction or demolition, you can file a civil suit for declaration of rights and injunction. The court will examine your possession, the nature of the trust, and the law applicable.

• Adverse Possession Claim: This is difficult against trust property, but if you have evidence that your possession was hostile and not permissive, you can plead this in court. Be aware that the burden of proof is very high.

Key Judgments to Cite:

• Church of North India v. Lavajibhai Ratanjibhai (2005) 10 SCC 760 (adverse possession against trust property)

• Karnataka Board of Wakf v. Government of India (2004) 10 SCC 779 (adverse possession must be hostile, not permissive)

• Ramdas Athawale v. Smt. Vidyabai AIR 2010 SC 818 (long possession and prescriptive rights)

• Ramanathan Chettiar v. Lakshmanan Chettiar AIR 1960 SC 1186 (duties of trustees)

Summary and Advice:

• If the property is a public trust, adverse possession is almost impossible.

• If it is a private trust, and your possession was hostile (not as tenants or licensees), you may have a claim, but it is difficult.

• If you are hereditary tenants or have occupancy rights under local law, you may be able to protect your possession, but not claim ownership.

• Construction rights depend on your legal status—tenants and licensees need the trust’s consent.

• Consult a local lawyer with all your documents for a detailed opinion and to file a suit if needed.

If you can clarify whether the trust is public or private, and whether your families were ever recognized as tenants or beneficiaries, I can give more tailored advice. But in all cases, your long possession gives you some protection, even if not full ownership, and the trust cannot evict you without due process of law.

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Disclaimer: All opinions and views are personal.

Best wishes,

Advocate Rajeev K Jha

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