adverse possession

Sir I am attaching one of Hon. SC, just check whether it is useful to u or not. Tomorrow I will be posting some of the judgements on Adv. Possession.

Thanks for instant reply i will be waiting some other judgements.

Thanks

Thank you Jayaswal for posting the Judgment.

sir,

Thanks for the case law.

But to be more precise my client / plaintiff is already in possession for around 60 years now he wants to deal with the property, hence declaration of title by adverse possession is required so can Plaintiff claim title by adverse possession by approaching court.

advers possession against whom?

hiiiii

thank u sir...

www.hellolaw.net

Sir,

As I know Adv. possession is a good shield, but using it as a sword can be fatal. Also recently Hon. SC has passed a tough remark which is below-

" The apex court in its judgement noted, “Before parting with this case, we deem it appropriate to observe that the law of adverse possession which ousts and owner on the basis of inaction within limitation is irrational, illogical and wholly disproportionate.” The law, as it exists, is extremely harsh for the true owner and a windfall for a dishonest person who had illegally taken possession of the property of true owner, the bench noted.

“The law ought not to benefit a person who in a clandestine manner takes possession of the property of the owner in contravention of law. This in substance would mean that the law give seal of approval to the illegal action or activities of a rank trespasser or who had wrongfully taken possession of the property of the true owner,” the bench added."

Also

"

Justice Bhandari, writing for the bench in the 23-page judgement also observed,” We fail to comprehend why the law should place premium on dishonesty by legitimising possession of a rank trespasser and compelling the owner to loose its possession only because of his inaction in taking back the possession within limitation.” The apex court concluded by saying, ”In our considered view there is an urgent meet of fresh look regarding the law on adverse possession. We recommend the Union of India to seriously consider and make suitable changes in the law of adverse possession. A copy of this judgement be sent to the Secretary Minisrty of Law and Justice, Department Legal Affairs and Government of India for taking appropriate steps in accordance with the law.” The Supreme Court has also said the Right to Property is now part of Human Rights."

If u need full Judgment I will attach it.

So think before any action, Proving will be a difficult task.I donot know what document u r having,

Mere long permissive possesion is not sufficient , U will have to do a lot of home work.

Tomorrow after sorting I will provide so many judgement with all requite literature.

sir,

If possible kindly provide me all the judgement.

Thanks

Here is the latest judgement of Hon. SC in which it has remarked that it needs change.

Hi Sirish,

There are several case laws on adverse possession. I have done quite a bit of research on this topic.

What is your specific case? If you provide high level view of what you want to know about adverse possession you will have lot more directed response.

best wishes,

Srinivas