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chandranath rao (owner)     24 July 2012

Adverse position

we are staying in a house for the past fourty years in banglore,can we claim adverse position.



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 5 Replies


(Guest)

The doctrine of adverse possession is based on nec vi, nec clam and nec precario i.e the possession should be open,hostile and continuous. Since the adverse possessor does not have a good title to the property, there lies a heavy onus on him to adduce irreproachable evidence in defence to prove that the duration of his possession was uninterrupted for the statutory period,the same was open and hostile to the title of the true owner. The true owner must have notice of the adverse possession. Possession, which is merely permissive in nature, does not fructify into adverse poessession irrespective of the duration of possession.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 July 2012

I endorse Ld.Ashish Ji's precise and accurate elucidation of law

1 Like

R.K Nanda (Advocate)     24 July 2012

Yes, u can claim AP.

chandranath rao (owner)     24 July 2012

what are the documents required to prove adverse position,we dont know who is the owner of the property.pls suggest

niranjan (civil practice)     25 July 2012

Open and hostile possession means against the true owner and continuous means uninterrupted by the true owner,simply staying in a house cannot give you adverse possession.


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