Title: Doctrine of Adverse Possession: Article 65 of the Limitation Act, 1963
Abstract: Adverse possession is proved only when possession is peaceful, open, continuous and hostile. Physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to be accounted for in order to constitute adverse possession. Animus possidendi is one of the ingredients of adverse possession and unless the person possessing the land has the requisite animus the period for prescription does not commence. Non-use of the property by the owner even for a long time does not affect his title. But the position alters when another person takes possession of the property and asserts a right over it. Adverse possession must start with a wrongful dispossession of the rightful owner and be actual, visible, exclusive, hostile, and continued over the statutory period.
Publication Year: 2018
Publication Date: 2018-01-01
Language: en
Type: article
Indexed In: ['crossref']
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