No Statutory Definition Of - Adverse Possession
-There is no statutory definition of adverse possession but it is settled by way of judicial pronouncement and following are basic essential requirements of it.
-The possession must be adequate/ uninterrupted in continuity to the knowledge of the true owner .
- The possession must be adequate in publicity.
-The possession must be adverse to the competitor/true owner for period of 12 years thereafter.
- Mere possession for long period is not sufficient to create adverse possession.
- A claimant of adverse possession must definitely allege/prove how/when adverse possession adverse possession commenced and know to the ture owner.
- A plea of adverse possession is not available to the claimant if he does not know real/true owner of the property.
-Permissive possession holder does not claim claim adverse possession. For example possession of tenant, licensee, mortgagee, possession on the basis of agreement to sale or any other legal document.
- Alternative plea either title or adverse possession is not available to the claimant of adverse possession.
-Co-Parcener/Co-,Heir can not claim adverse possession against other coparcener/co heir.
- Section 27 and Article 64/65 of The Limitation Act ,1963 are relevant provisions.
- Relavant Judgement
-Suit for declaration of title acquired by adverse possession is maintainable/it is heritable-Ravinder Kaur Grewal and others v/s Manjit Kaur and others 2019(6) Mah.L.J.87=2019 Supreme Appeal Reporter 945.( In the above judgement 58 case laws are referred)
**** Shri Uttam Chand(D) Thr.Lrs. v/s Nsthu Ram(D) Thr.Lrs. & Ors 2020 Supreme Appeals Reporter page 300
... Please Comment/give Suggestions..
-There is no statutory definition of adverse possession but it is settled by way of judicial pronouncement and following are basic essential requirements of it.
-The possession must be adequate/ uninterrupted in continuity to the knowledge of the true owner .
- The possession must be adequate in publicity.
-The possession must be adverse to the competitor/true owner for period of 12 years thereafter.
- Mere possession for long period is not sufficient to create adverse possession.
- A claimant of adverse possession must definitely allege/prove how/when adverse possession adverse possession commenced and know to the ture owner.
- A plea of adverse possession is not available to the claimant if he does not know real/true owner of the property.
-Permissive possession holder does not claim claim adverse possession. For example possession of tenant, licensee, mortgagee, possession on the basis of agreement to sale or any other legal document.
- Alternative plea either title or adverse possession is not available to the claimant of adverse possession.
-Co-Parcener/Co-,Heir can not claim adverse possession against other coparcener/co heir.
- Section 27 and Article 64/65 of The Limitation Act ,1963 are relevant provisions.
- Relavant Judgement
-Suit for declaration of title acquired by adverse possession is maintainable/it is heritable-Ravinder Kaur Grewal and others v/s Manjit Kaur and others 2019(6) Mah.L.J.87=2019 Supreme Appeal Reporter 945.( In the above judgement 58 case laws are referred)
**** Shri Uttam Chand(D) Thr.Lrs. v/s Nsthu Ram(D) Thr.Lrs. & Ors 2020 Supreme Appeals Reporter page 300
... Please Comment/give Suggestions..
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