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satish verma (service)     25 March 2009

Adverse possession

 whether a son can claim adverse possession against his mother.



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 12 Replies

satish verma (service)     25 March 2009

 whether shebait right is inheritable.

satish verma (service)     25 March 2009

 what is the difference between private debottar and public debottar.

PALNITKAR V.V. (Lawyer)     25 March 2009

Reply to Q. no. 1: Yes. Depends on facts. But it is not the law that son can never claim adverse possession against the mother.

PALNITKAR V.V. (Lawyer)     25 March 2009

About Question No.2: It depends upon the facts. If the grant of Shebait rights is heridatory then , Yes.

Swami Sadashiva Brahmendra Sar (Nil)     25 March 2009

mr. palnitkar is right.


participants should avoid  a general and wide quostion that compel the aswering friends to presume diverse facts , situations and laws.

V.V.RAMDAS (Advocate)     25 March 2009

Mr Palnitkar is absolutly correct and I do agree with him.

Prabhat Kumar (Advocate)     26 March 2009

in regard to the query No. 1 the law of adverse possession only says that possession should be hostile to the title of the actual owner. and if your case falls within this ambit the son can take benefit of law of adverse possession against the mother.

Kiran Kumar (Lawyer)     27 March 2009

one more thing i must add to the concept of adverse possession is that the plaintiff can not claim adverse possession.


however defendant can claim it.


Mr. Verma pls elaborate some facts for clear cut advise.

PALNITKAR V.V. (Lawyer)     27 March 2009

I am Sorry but I could not get what Mr. Kiran Kumar wants to convey by commenting that plaintiff can not claim adverse possession.

Kiran Kumar (Lawyer)     27 March 2009

i simply conveyed that suit can not be filed merely on the ground of adverse possession by the person who claims himself to be in adverse possession.

prof s c pratihar (medical practitioner &legal studies)     27 March 2009

Adverse possession---possession of (usually of land )which is inconsistent with the right of a person who claims to be the true owner.trespass does not constitute adverse possession. there must be real possession  accompanied by intent to possess.it must be "adverse "to the owner and must not be permissive.(C C Bucks vs Moran 1989(3)W L R 152)

PALNITKAR V.V. (Lawyer)     27 March 2009

With due respect I differ from Mr. Kiran Kumar. I think plaintiff can file suit for declaration of ownership on the basis of adverse possession.


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