Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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satish verma (service)     17 June 2009

Recovery of possession

whether purchaser of aproperty can seek recovery of possession from a caretaker who is at the property since 30 years.


 3 Replies

Manish Singh (Advocate)     18 June 2009

yes, you can rcover possession provided the said caretaker has only acted as a cretaker which means you have not let him act as an ownerduring the sad period. to claim ownership as adverse possession is to be filed by the said caretaker in case he wants t proove is ownership but here he must prove that he was left with prperty by you to act as an owner and you never interefered in is enjoyment of the same.

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     18 June 2009

I agree with Mr. Singh. Thanks.

Deekshitulu.V.S.R (B.Sc, B.L)     20 June 2009

Mr singh onw question is do the pleas of ownership and adverse possession co-exist. I hope they are distructive of each other. Reason being " animus posessendi". Please clarify

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