Law of limitation - property

To claim adverse possession by one of the co-owners it must be established that there is open assertion of hostile title coupled with exclusive possession to the knowledge of the other co-owner.  Here is one Supreme Court judgement.

2004(2) Apex Court Judgments 379 (S.C.) : 2004(3) Civil Court Cases 326 (S.C.)

Karnataka Board of Wakf Vs   Government of India & Ors.

            Adverse possession - Is a hostile possession by clearly asserting hostile title in denial of the title of true owner - Party claiming adverse possession must prove that his possession is peaceful, open and continuous - Possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner - It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

//I heard there is a law saying that if a person stays more than 12 years the possession becomes adverse.//

That principal is not applicable in case of possession of joint family property. Possession of one co-sharer is deemed to be on behalf of all other co-sharer.

In such a situation, the plea that is available is "Ouster".

I think adverse possession .... plea is not applicable to joint family property.

Rakesh Shekhawat Advocate`S CONCEPT IS ABSOLUTLY RIGHT