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MARIMUTHU P (Legal Practioner)     21 April 2014

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Dear Colleagues,

Please clarify me why the property search is made for 13 years or 30 years. What is the legal implication behind it?

MARIMUTHU.P

Advocate 



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 2 Replies

Advocate Ravinder (Advocate/Attorney)     22 April 2014

Normally the person who is in possession for a continuous period of 12 years on the land of some third person (true owner) and the tue owner having the knowledge of possession, the person who is possession will get title against the true owner.  That is the principle of adverse possession.

So, when a person who wants to purchase any property will look into the records only and he will not be knowing about the adverse possession issue. The fact will be in dark until he knows about the same.  So, by seeing the Encumbrance certificate for a period of 13 years, you will be knowing that whether there is any adverse possession is there or not.

 

In the same way the title deeds search for 30 years is made.  Because  the documents which are more than 30 years will become adverse possession.  

T. Kalaiselvan, Advocate (Advocate)     23 April 2014

I agree with learned advocate Mr. Ravinder's opinion on the subject, nothing more to add.


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