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Ravikant Soni (LAWYER IN JAIPUR)     27 July 2010

What is Adverse possession ??

What is the term "Adverse Possession"?

And in our legal system where it is defined??



Learning

 5 Replies

Bhartiya No. 1 (Nationalist)     27 July 2010

Sir,

U ma look at this thread, which may be useful,

https://lawyersclubindia.com/forum/Judgments-on-Adverse-Possession-by-Various-HCs-amp-Hon-SC-21331.asp

vimal charles (junior)     28 July 2010

u can see it under the limitation act article 64 and 65... and for co-owners u need to prove ouster...


(Guest)

limitation acts provides for adverse possession

Raghav Sood (Lawyer)     29 July 2010

when a person dispossess the true owner from his land and his possession remains open continues, hostile, notorious without interruption to the knowledge of true owner for more than twelve years and utter inaction by owner despite knowledge then the trespasser acquires indefeasible right to defeat the title of true owner and asserts his title over the land by principle of adverse possession adverse possession is nowhere defined in Indian law Art 65 of limitation act describes the period to avail the recourse against trespasser but after the period expires the title of true owner is defeated by adverse possession twelve years in case of individuals and thirty years in case of State catena of decisions on this by various high Courts and Supreme Court

Deekshitulu.V.S.R (B.Sc, B.L)     29 July 2010

We have anicent history on this "Adverse Possession". Ramayana(13yrs forest for Rama), and Mahabharatha

12yrs "Aranyavasam" and 1yr "Agnathavasam". That means a person looses his right if he not possessed of his property for more than twelve years and it is being enjoyed by some other person, to the knowledge and information of the actual owner. "Possession" is vey much important. It is also called the ouster.

Of late I heard that the Apex Court has asked the Central Government to make law abolishing the system of "Adverse Possession"


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