prasad (BSc BL) 07 February 2011

Adverse possession

The doubt is as to whether an individual who continued in possession of an immoveable property and whose possession was adverse to the lawful owner can seek a declaration of his title. However, the same is no longer res integra in view of the judgment of the Supreme Court reported in BALAKISHAN VS. SATYAPRAKASH 2001 (2) SCC 498.

Adverse possession for the required length of time would not only enable the person pleading such possession to resist the plea of recovery of possession but would also enable him to get his title declared on the strength of the same.

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(Guest)

IN THIS ADVERSE POSSESSION SOME POINTS TO BE CONSIDERED NEVERTHLESS THE FINDING OF S.C

1.THE OWNER'S TITLE MUST NOT BE DENIED BY POSSESSOR

2. THE ENJOYMENT TO BE LONG PERIOD MORE THAN 12 YEARS WITHOUT ANY BREAK

3. THE OWNER KNOWS THE ENJOYMENT OF (ILLEGAL) POSSESSOR

aLL THESE ASPECTS COME INTO PLAY

ONE THINGS TO BE CONSIDERED IN MIND (S.C NOT CONSIDERED)

POSSESSION FOLLOWS TITLE. USE THE FACTS WITH HELP OF YOUR CASE NOT WITH CASE LAW

adv. rajeev ( rajoo ) (practicing advocate) 07 February 2011

I agree with S.Ganeshan.

bomneedhelp77 (owner) 08 February 2011

I have a similar problem. I am living in a flat. There is no registered society. All flat members were collectively paying lease rent in egual share till 1988 after which the lessor's successor's could not be located. The lessor successor's were wither too old or left the country. The firm which was collecting lease rent on behalf of the lessor returned payment saying that they have no knowledge of the matter.

Can all flat members collectively claim ownership by adverse posession ?

There is also some encroachment on the property by some flat owners - can the encroachers claim sole ownership of the land that they have encroached or will they be bound to share it with all flat owners ?

Also rent receipts are in the posession of one flat owner - can that person use those documents to their sole advantage disposessing other flat owners ? (some flat owners have no registered sale deed)