Adverse possession
Querist :
Anonymous
(Querist) 07 April 2011
This query is : Resolved
Respected Experts,
Is concept of adverse Possession also applicable in India.
If yes pliz en light the name of Law which governed the concept of adverse possession in India.
Thank's
Parveen Kr. Aggarwal
(Expert) 07 April 2011
Yes. Law of Adverse Possession is applicable in India.
Article 65 of the Schedule Appended to the Limitation Act, 1963.
Parthasarathi Loganathan
(Expert) 07 April 2011
Section 44 of Transfer of Property Act extensively deals with this matter.
Parveen Kr. Aggarwal
(Expert) 07 April 2011
Dear Mr. Loganathan,
Section 44 of the Transfer of Property Act deals with entirely different matter. Section 44 does not cover the law of adverse possession.
"44. Transfer by one co-owner:
Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor's right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same' but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred.
Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house."
Naresh Kudal
(Expert) 08 April 2011
law of adverse possession is surely applicable in india. Article 65 of schedule of limitation act provide term required for adverse possession.
