LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Simran (others)     30 March 2010

Law of limitation - property


We have a property which was owened by grandfather, including my dad they are 6 brother and sisters. My grandfather expired in 70s & Grandmom in 80s. From more than 40 years my dad is staying there paying all taxes and maintanence. My uncles had given notice saying us to vacate the property, I heard there is a law saying that if a person stays more than 12 years the possession becomes adverse. I want to know the similar types of cases in india, with there judgement.




 4 Replies

Rakesh Shekhawat (Advocate)     30 March 2010

To claim adverse possession by one of the co-owners it must be established that there is open assertion of hostile title coupled with exclusive possession to the knowledge of the other co-owner.  Here is one Supreme Court judgement.


2004(2) Apex Court Judgments 379 (S.C.) : 2004(3) Civil Court Cases 326 (S.C.)

Karnataka Board of Wakf Vs   Government of India & Ors.


            Adverse possession - Is a hostile possession by clearly asserting hostile title in denial of the title of true owner - Party claiming adverse possession must prove that his possession is peaceful, open and continuous - Possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner - It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     30 March 2010

//I heard there is a law saying that if a person stays more than 12 years the possession becomes adverse.//

That principal is not applicable in case of possession of joint family property. Possession of one co-sharer is deemed to be on behalf of all other co-sharer.

In such a situation, the plea that is available is "Ouster".

bhagwat patil (Property due diligence 9422773303)     31 March 2010

I think adverse possession .... plea is not applicable to joint family property.


Rakesh Shekhawat Advocate`S CONCEPT IS ABSOLUTLY RIGHT

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register