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PROOF OF POSSESSION

Can someone please tell what are "proofs" of possession?

If somebody claims that he has legally parted with possession of a property, Is it not correct that he needs to produce proof in the form of instrument of transfer? Is it not correct that only in case of Usufructuary mortgage and lease for a term no exceeding one year, possession can be transferred without an instrument?

Is it not correct that only in case of forcible disspossession there would not be any proof in the form of an instrument?

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 September 2009

To prove the possession regd., documents related to the properties are sufficient evidences. IN case of litigation when possession is challanged regd., documents and one independent wittness are necessary.

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Ramesh babu (civil and criminal) 20 September 2009

Respected Anil sir,

Proof of possession

sale deed.
Patta [ in favour of owner} 3.Tax bill [ land and building] 4. Electricity card. 5.Phone bill and etc.,

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sandip more (lawyer) 21 September 2009

possesion is a most best evidence for ownership

for proving possion any legal document , which can show the possion is a good ground for ownership and possession

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samrat chowdhury (advocate) 21 September 2009

Dear Sir,

Legal possession can be proved or substantiated during a litigation by way of registered instrument, but as you have already stated in your question in case of usufructuary mortgage and lease not exceeding a year. However the document has to be supported with the depostion of either the executing party to ascertain the intention of the parties who had executed the instrument or any interested party thereof. However as you know sir that mere possession can at times assume the status of legal possession, if his / her possession is not subject to any challenge or checked.Only if the possession is by way of force by trespassing and disposition then there will be no document to support his right.

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