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Claiming adverse possession aftrraccepting owners title

Hello sir/ Mam can a possessor claim the adverse possession after accepting the title of the owner in his written statement filed during court proceedings in another property matter which is not related to the the property in question? Thanks

 6 Replies

G.L.N. Prasad (Retired employee.)     28 December 2020

Once, when in a public record if a person admits as X is the owner in his affidavit filed as written statement, he can not claim adverse possession and it amounts to fraud.  Please be clear as to the forum where he claimed adverse possession.  

Advocate Bhartesh goyal (advocate)     28 December 2020

Possessor has to Prove that he has obtain the right of adverse possession through cogent evidence and he can not  take advantage of weakness of opposite party or admissions in another case.


Goyal ji Possessor admitted it in ws that property belongs to opposite party..can he claim adverse possession now by contradecting his own WS

Advocate Bhartesh goyal (advocate)     28 December 2020

No,he is estopped to claim by his own conduct.

2 Like

P. Venu (Advocate)     28 December 2020

Please post material facts. The present posting is a riddle than a query.

Dr J C Vashista (Lawyer)     29 December 2020

The possessor (by adverse) has not been declared owner, you can use his / her statement made in other case in cross-examination of your suit.

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