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Viswanath (Student)     19 October 2011

Adverse possession

Pl explain perfection of title by adverse possession



Learning

 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 October 2011

Section 53-A of the Transfer of Property Act, 1882 provides that where any person contracts to transfer for consideration any immoveable property, in writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues any possession in part performance of the contract, and has done some act in furtherance of the contract and the transferee has performed or is willing to perform his part of the contract then he is entitled to protect his possession in respect of the property of which he was put in possession in part performance of the agreement to sell. [707-E-F] Nathulal v. Phool Chand, [1969] 3 SCC 120 and Sardar Govindrao Mahadik v. Devi Sahai, [1982] 1 SCC 237, relied on. Mohan Lal (deceased) through his LRs. Kachru and Ors. v. Mirza Abdul Gaffar and Anr., [1996] 1 SCC 639 and Roop Singh v. Ram Singh, [2000] 3 SCC 708, referred to. 1.2. In the instant case

niranjan (civil practice)     19 October 2011

Plea of adverse possession is available only to defendant and you cannot file suit of declaration that you have perfected title by adverse possession.

kvss.prabhakar rao (Advocate )     19 October 2011

Raj makkar is very nice about. and   possession can be protected by  way of injunctions 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     20 October 2011

Mr. Makkad  is right

K. GOPALAKRISHNAN (ADVOCATE)     24 October 2011

In simple Terms, the adverse possession is that one claims the right and ownership of the property which belongs to somebody.  The Doctrine of Adverse Possession is a vast subject and the same should be dealt elobrately. 


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