നിങ്ങളുടെ ഉടമസ്ഥത നഷ്ടപ്പെടാം You can loose your title to your property if you loose your possession
Автор: Kerala Rent Laws
Загружено: 2023-07-19
Просмотров: 37890
Adverse possession refers to a legal concept that allows a person to gain ownership of someone else's real property through continuous, open, and hostile possession for a specific period of time.
the possessory right gets transformed into ownership.
1. Open and Notorious: The possession must be visible and obvious, without any attempt to hide it. The adverse possessor openly occupies the property, putting others on notice that they are claiming ownership.
2. Actual and Exclusive: The possession must be actual, meaning the adverse possessor physically occupies and uses the property. It should also be exclusive, meaning they have exclusive control and possession of the property, excluding the true owner and others from using or accessing it.
3. Continuous: The possession must be uninterrupted and continuous for a specific period of time. The required duration is twelve years. The adverse possessor must maintain their control over the property without any substantial breaks or abandonment.
4. Hostile and Adverse: The possession must be hostile or adverse to the rights of the true owner. Hostile in this context does not necessarily mean acting with ill intent but refers to occupying the property without permission from the owner. It is generally not possible to acquire property through adverse possession if the owner has granted permission or consented to the possession.
5. Statutory Period/നിയമാനുസൃത കാലയളവ്:: The statutory period is twelve yars as per the limitaiton Act Article 65 for the adverse possessor must fulfill. The adverse possessor must possess the property for the entire statutory period to claim ownership.
Chapters:
0:00 Introduction
5:19 Scope of Adverse Possession
12:35 Concept and Origin of Adverse Possession
20:20 Relevant provisions relating to Adverse Possession
24:33 Acts of Adverse Possession
27:50 Acts which do not amout to Adverse Possession
30:39 Ouster
34:54 Taking
39:14 Who can sue for Adverse Possession
44:10 Pleading and Burden of proof
49:47 Whether the concept of Adverse Possession needs a relook
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