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abhijit tendulkar (lawyer)     28 December 2010

adverse possession

a person is claiming adverse possession . i wanted to cross examine him.... wht r sum key question hv to ask???



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 December 2010

Contents of the written statement is necessary to answer this question.


(Guest)

make sure and put questions in order to elucidate the the whether he admits the title of the original owner or not? other question are formal as per w/st

JT Rajasuriya, Chennai (Advocate 98410 53790)     28 December 2010

You're supposedly asking trade secrets.

niranjan (civil practice)     28 December 2010

Adverse possession means hostile title against the true owner  which is within the knowledge of  the true owner and not objected by the true owner continuously for twelve years. So you can frame question on that basis and also you can produce documents  like notices,objection before the local authorities,etc.anything to show that true owner has always objected his possession.etc.

Bhartiya No. 1 (Nationalist)     29 December 2010

If anyone is claiming adv. possesion then he will hve to prove the day from which the posseion has become adverse to the true owner, also he must have gained the possesion unlawfully.

Long but lawful possesion can not be said as adv. possession.

keeping these in mind u can frame questionaires.

Rcently Apex court has virtually has struck down or against the adv. posseion and has made strong observation.


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