Bhartiya No. 1 (Nationalist) 04 March 2011

Law of Adv Possession Needs change?

Here the judgment of Apex Court is attached in which it is observed that

“We fail to comprehend why the law should place

premium on dishonesty by legitimizing 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.

36. In our considered view, there is an urgent need 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

judgment be sent to the Secretary, Ministry of Law and

Justice, Department of Legal Affairs, Government of India for

taking appropriate steps in accordance with law.”

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5 Replies

Kiran Kumar (Lawyer) 04 March 2011

yes it was a good observation by the SC, in fact there have been a number of laws in India which need reconsideration.

like law on adverse possession the rent laws also need reconsideration....at the time of Independence these laws were relevant in present form but now we are not just a free nation but a free economy too....such laws have been responsible for huge litigation and have also denied the complete utilisation of assets by the actual owners.

2 Like

Rocker (n/a) 04 March 2011

Good observation by Supreme Court. Why don't we start a separate thread and start collecting such laws along with reasons, so that the same can be forwarded to Secretary, Ministry of Law and Justice, Department of Legal Affairs, Government of India fortaking appropriate steps in accordance with law.

1 Like

Bhartiya No. 1 (Nationalist) 05 March 2011

I agree with learned Kiran Kumar, and mr. Ravi.

Govt. must pay immediate/urgent attn.

shyam sunder agarwal (profession) 29 March 2011

i agree with kiran in both adv possession & rent laws has to be amended keeping in view the development of country and awareness in people for litigation.

1 Like

Bhartiya No. 1 (Nationalist) 30 March 2011

apart from adv possession & rent laws, other laws like land aquisition rules too need urgent attention. As Property/land is considered as continous stream of source of income.