What is the meaning of Adverse Possession?
K.K.Ganguly
(Querist) 13 July 2011
This query is : Resolved
Would the Ld. Experts kindly inform the meaning of "Adverse Possession" with the back ground of Title Suit?
Thanks in advance.
M.Sheik Mohammed Ali
(Expert) 13 July 2011
who ever without interference and disturbing occupying a land and use & live more than 20 years he take rights of adverse possession.
prabhakar singh
(Expert) 13 July 2011
"Adverse Possession" CONFERS TITLE ON A TRESS
PASSER WHO BY HIS HOSTILE ACTIVITIES CONTINUES TO POSSESS THE PROPERTY OF
AN OWNER WITH IN HIS KNOWLEDGE FOR OVER A PERIOD OF 12 YEARS,THAT OTHER PEOPLE THINK HIM AN ACTUAL OWNER,AND ON SUCH PROOF OF A FACT ,LAW
CONFERS UP ON HIM A TITLE AGAINST THE REAL OWNER BECAUSE OF HIS NON BEHAVIOR AS OWNER.
N.K.Assumi
(Expert) 13 July 2011
Possession by a person on his behalf or on behalf of some other person, the true owner having the right to immediate possession.But if the true owner does not enforce his right within the period prescribed by the law relating to limitation, the possession of the former becomes adverse to thevtrue owner and ripens into ownership.
Ravikant Soni
(Expert) 14 July 2011
Nowhere in substantial law the term "Adverso possession" is defined.
This is a term which was imported form common law.
But in Limitation act sec 27....
27. Extinguishments of right to property -
At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.
So whenever someone losses his right to sue by virtue of limitation in relation of a property his rights on the same are extiquished as well.
Article 65 to 68 sets the limitation of recovery of possession as 12 years. If the real owner of property does not file suit in such limitation his right of ownership extinguished upon such property. then defendent becomes owner by operation of law.
But still question is unanswered that what is the point of time when it assumed as starting point??
The answer is when such possession holder declares his hostile possession against true owner. this is the starting point and this point gives real owner the "cause of action". And when he omitts to sue for 12 years then he get lossed is rights....
This is so called adverse possession..
Ravikant Soni
(Expert) 14 July 2011
If experts has deffer views plz notify here..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 July 2011
Pl refer SC citation in this matter. SC has in despair mentioned that though trespasser is illegal but no cure in law.
Advocate. Arunagiri
(Expert) 14 July 2011
This adverse possession is not applicable to the cases, wherein the occupant entered the property with the permission of the landlord and occupying for over 12 years without paying rent.
