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surya (ffch)     13 December 2017

Adverse possession

Is adverse possession heritable? Can a squatterer write a will that her adverse possession be inherited to her grandson.The high court and Supreme Court negated her adverse possession.But in her death will she wrote that her rights will be transferred to her grandson.is this will sustainable?



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 7 Replies

G.L.N. Prasad (Retired employee.)     13 December 2017

Both the question and answer is available, as you know in the query itself.  When SC negated her adverse possession, how she can bequeat such never existing rights to grandson by will ?  Your advocate must be having full command over the issue, with inadequate details it is very difficult  to provide any answers precisely.

That point in the will may not be sustainable.

SHIRISH PAWAR, 7738990900 (Advocate)     13 December 2017

Your case of adverse possession is decided and rejected by High Court and Supreme Court so question of inheriting does not arise. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 December 2017

This question is a corollary:

Under Limitation Act if a property is under adverse possession and no counter claim is made for 12 years, the property will belong to the person having actual possession. But if there is a court order against adverse possession, but the rightful claimant does not take possession for 12 years, will the Limitation Act still apply?

surya (ffch)     13 December 2017

Thank you sirs

G.L.N. Prasad (Retired employee.)     13 December 2017

Now a question arises, whether the right of adverse possession is transferable ? 

P. Venu (Advocate)     13 December 2017

You have not posted the material facts.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 December 2017

Adverse possession means there is rightful claimant. Who is such claimant? Is it Government or a private party? How long is the adverse possession?  Is there an active dispute?


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