O = Owner
M = Owner's Mother
L = settled possession
Q = Question
1. There is a property whose owner (O) was a minor as per a codicil which was written in 2001.
2. O had two guardians his mother & his grandmother, O's chacha (L) have been staying with his family from 2007 onwards on a separate portion of the said property on the basis of an oral arrangement without paying any rent. The entire property was owned by O
3. The testator died in 2010.
4. L has been staying peacefully (no dispute or adverse possession claim earlier & not even now) since 2007.
5. O turned major in 2017.
6. O gifted his property to his mother (M) in Jan 2023.
7. M revoked a so called license of L in Feb 2025 via a written legal notice
8. L has denied to leave as he claims his possession is settled & was he was never a license because the property has been orally partitioned
a. O has been occupying a separate portion of the said property since 2007 (also agreed by O & M in court)
b. L paid his electricity bills for his portion of the floor, for renovations (no renovation receipts but can call carpenter as witness who did the work)
c. No interference from O & M ever
d. Property tax of the entire floor outstanding since 2009 paid by M in 2025
e. Water supply in L’s portion from the water meter in L’s name & L pays its bill
f. Long-term & peaceful, uninterrupted stay from 2007 until 2023 without objection by O or M
g. Evidence: Adhaar card, Voter Id, Passport, Gas Bill, Electricity Bill, Water bill all have same address mentioned in L's name.
h. Locks installed by L in L's portion of the floor
Q1: Considering O turned 21 in 2020 & the limitation act 1963 section 8, did O extinguished his right to file a case for possession in 2020
Q2: If yes to the above question then since O's right to file a suit for possession already extinguished before he gifted the said property to M, then can M file a case for possession with an extinguished right or she get fresh rights to file a possession case ?
Q4: Did the cause action arose in
1. 2007 when minor's guardian allowed L to stay in the said property
2. Or 2010 when testator died
3. Or when M revoked L's license (though L denies license & tells it was oral partiton & hence settled possession) in 2024 by a legal notice to which which L denied with his own legal notice to M saying that L has already been living under an oral partition. As L claims oral partition & denies licensee theory.
Please correlate with the Judgement: Gujarat High Court
Ramanbhai Shamalbhai Patel Heirs Of vs Ravjibhai Motibhai Patel & 4 on 30 June, 2014
Author: N.V.Anjaria Bench: N.V.Anjaria from https://indiankanoon.org/doc/139155932/
