Legal Question in Real Estate Law in India


I m maDE 2 UNDERSTAND THAT THERE is a presumption under hindu law that a plea of adverse possession among co-owners can b recognised if clear OUTSER is proved.What does this mean?

Asked on 9/26/08, 11:04 am

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: correct

It means that you have tell the ousted person on his face, with endorsement to the world at large, that "hey, you are no longer the owner of this property, it all belongs to me and from now onwards I will not tolerate your interference in this property in any manner"; and the day you tell this clearly and unequivocally to the co-owner, in NO UNCERTAIN TERMS, is the starting point for counting limitation of 12 years. Mere passive absence of the co-owner and your use of the property without interference from co-owners for any number of years will not constitute adverse possession.

In other words, your possession has to be clear, hostile to the real owner, and declaratory on his face about his ouster.

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Answered on 9/26/08, 11:31 pm

Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: correct

The plea of the adverse possession is availble only to the person who is in occupation for more than 12 years without any right title or interest in the property. in the present case the co-owner can not raise the plea of the adverse possession.

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Answered on 9/27/08, 12:43 am
Shrichand Nahar S.V.Nahar, Advocate

Re: correct

This mean your hostile undisputed claim of ownership to the knowledge of other co-owners for a period of 12 years or more.

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Answered on 9/27/08, 1:41 am

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