Naresh Kumar Yadav (nari) 11 October 2020

Adverse Possession

Possession of joint family property by a member is not adverse to other members ?

looking for a detailed subject on the above question, much obliged if anyone can share the Commentary as per the Limitation Act.

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4 Replies

G.L.N. Prasad (Retired employee.) 11 October 2020

There are number of SC judgments and many detailed articles discussing that a member in a joint family holds the property as a trustee and can not individually claim the property himself and that when the property is not divided in metes and bounds, the property remains to be joint family property . Search in google as this is no more res integra.

Adv Vinay Mathur + 8447131770 (Advocate) 11 October 2020

The adverse possession of the family property is on behalf of himself and other members. The possession of one, therefore, is the possession of all.

P. Venu (Advocate) 11 October 2020

You have not posted the material facts.

varun aggarwal (Advocate) 13 October 2020

The basis concept in case of joint family property is the JOINT TENANTS or TENANTS IN COMMON.ZMeaning thereby every member/ cosharer is holding the property for and on behalf of the other cosharers or joint owners as its trustee, and mere not participating in paying rents etc. or holding the possession over the property, ONE CANNOT CLAIM THE OUSTER, or RIGHT POSSESSION OVER THE PROPERTY SDVERSE TO THE OTHER COSHSRER OR COWERNER!!

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