Notice under Section 80 CPC regarding adverse possession over land at [location], claim for declaration of ownership

 

Legal Notice under Section 80 of the Civil Procedure Code, 1908

From:
[Your Name]
[Your Full Address]
[Your Phone Number]
[Your Email]

To:
The Secretary / Department Head,
[Relevant Government Department or Authority]
[Department Address]

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Subject: Notice under Section 80 CPC regarding adverse possession over land at [location], claim for declaration of ownership

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Sir/Madam,

Under instructions and on behalf of my client, [Your Full Name], resident of [Your Address], I hereby serve you this legal notice under Section 80 of the Code of Civil Procedure, 1908, as follows:

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1️⃣ Details of Property

My client has been in continuous, open, uninterrupted, exclusive, and hostile possession of the land bearing Survey No. ___ / Khasra No. ___, measuring approximately ___ sq. m / acres, situated at [exact address and description of the land].

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2️⃣ Basis of Claim

The above-mentioned land was originally government property. However, my client has been in adverse possession of the said land for more than 30 years, openly treating it as his own, constructing [mention any house/fence/building], paying property taxes, and using the land without any permission, license, or acknowledgment of the government’s title.

Despite having knowledge of my client’s possession, the government has not taken any action to reclaim or assert its title over the said land during this period.

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3️⃣ Legal Right

As per Article 112 of the Limitation Act, 1963, the government’s right to recover possession is barred after 30 years. My client has thus perfected ownership by adverse possession and is entitled to a declaration of ownership over the said land.

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4️⃣ Cause of Action

The cause of action arose when [mention if the government tried to interfere recently — or if not, say: “when my client’s right was denied or challenged”].

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5️⃣ Demand

Through this notice, my client calls upon you to:
✅ Recognize his ownership over the said land
✅ Refrain from any attempt to interfere with his peaceful possession
✅ Take necessary administrative steps to record his name in government records as owner

Failing which, my client will be constrained to file a civil suit for declaration of ownership, permanent injunction, and other reliefs against you at your risk as to costs and consequences.

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Notice Period

Please treat this as a formal notice under Section 80 CPC, and take necessary action within 60 days from receipt of this notice.

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Issued by:
(Signature)
[Your Name / Advocate’s Name]
[Advocate’s Address & Contact]

Date: ___________
Place: ___________

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📌 Key Notes

✅ Section 80 CPC makes it mandatory to give the government 2 months’ notice before filing a suit against it.
✅ The notice should be properly addressed and ideally sent by registered post with acknowledgment.
✅ Keep a copy + postal proof for court filing.