Adverse Possession

Adverse Possession
Adverse possession is the acquisition of title to real property by continuous possession for the prescribed period of time against the true owner of the property.

NOTES:

* Ancestral house – Defendants taking forcible possession in 1929 – suit by co-owner in 1955 – barred by adverse possession.
2004 AIR SCW 5860

* No adverse possession, if possessor does not know that he is enjoying somedbody else's property.
AIR 1996 Mad 468

* Possession must be open and without any attempt to concealment. Possession need not be effective as to bring it to the specific knoweldge of the owner.
AIR 1981 SC 707

* Long possession is not adverse possession, unless possession claimed as of right.
AIR 1976 Cal 55, AIR 1963 SC 454:(1963) 2 SCJ 140

* Adverse possession is a heritable and transferable right.
AIR 1952 Pat 314; AIR 1958 Mad 497

* A registered society can acquire title by adverse possession. It is immaterial that members of the society fluctuate from time to time.
AIR 1996 Mad 290

* The length of possession as to perfect title by adverse possesson as against the government is 30 years.
Konda Laksmana v. Govt. A.P. (2000) 3 SCC 258