Headline
The Supreme Court of India states on Limitation Period For Adverse Possession.
Summary
The Supreme Court of India sheds light that the limitation period to establish title by adverse possession starts when the possession of the defendant turns adverse, not from when the plaintiff gains ownership.
Key Facts
- Case Name: Neelam Gupta & Ors Versus Rajendra Kumar Gupta & Anr.
- Judges Name: Justice C.T. Ravikumar and Justice Sanjay Kumar
- The defendant claimed adverse possession from 1968, when the plaintiff became the owner.
- The plaintiff filed suit in 1986, stating it was barred by the limitation period of 12 years.
- The Supreme Court upheld the decision of the High Court that limitation begins only when possession becomes adverse.
Legal Insights
The ruling of the Supreme Court of India focuses that tenants or lessees cannot claim adverse possession against their landlord due to the permissive nature of their possession. The Court stresses the requirement to establish ‘animus possidendi’ to qualify for adverse possession.
Impact
This decision gives clarity on the principles governing adverse possession, by making sure that only rightful claimants can assert such rights.
Why It Matters
Understanding the rules around adverse possession is important for property owners and serious claimants, as it safeguards the integrity of ownership rights and encourages fair legal practices in property disputes.
Source:
- Supreme Court of India
- SC RULED A CO-OWNER CANNOT TRANSFER WHOLE UNDETERMINED SHARE OF JOINT PROPERTY
