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Essay On Adverse Possession

2558 Words11 Pages

Adverse Possession is a claim to the title of a private (non-governmental) property by an occupant who has notoriously, openly, and visibly occupied the property continuously for a certain period (commonly 12-20 years). It may be claimed for a property that has been abandoned, or in opposition of the rights of its actual lawful owner who does not challenge its possession by the claimant and the claimant enjoys the possession without paying any consideration for the land.
Section 27 of the Limitation Act, 1963 proclaims: At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.This provision, when read with Articles 64 and 65 of the Schedule to the Limitation Act, 1963 establishes the law of adverse possession as it stands in India today.
Its primary function was to quieten titles and rectify any mistakes in conveyancing but over the period of time it is used a means of trespassing when some owners just sleep on their …show more content…

It can also be said that the Indian law on adverse possession needs major changing in favour of the person having the actual valid ownership title over the land in dispute not compulsorily but in some cases where it is needed. The same was held by the Supreme Court in the case of State of Haryana v.Mukesh and Ors. It was held by the court that - “Adverse possession allows a trespasser – a person guilty of a tort, or even a crime, in the eyes of law – to gain legal title to land which he has illegally possessed for 12 years. How 12 years of illegality can suddenly be converted to legal title is, logically and morally speaking, baffling. This outmoded law essentially asks the judiciary to place its stamp of approval upon conduct that the ordinary Indian citizen would find

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