Legal Question in Real Estate Law in India
THE DEFENDANT HAS TAKEN THE PLEA THAT HE HAS BECOME OWNER BY
WAY OF ADVERSE POSSESSION since he is in possession openly,
uniteruptedly,continuously,notousously & hostilely since 1970.The suit is filed in
2008.My QUESTION IS WHETHER THE REQUIRED 12 YEARS 4 perputating
adverse possession will start from 1970 (YEAR OF
OCCUPATION/POSSESSION) or will start from 1996(i.e FROM 12 years earlier than filing of the suit)?
4 Answers from Attorneys
Period will start from the hostile posseesion.
the possession would start from 1970 or any year subsequent to that depending upon the documents to prove the possession filed by the defendant.
Hostile possession is a question of fact and the commencement of the same is critical to calculate the limitation period.
It depends upon the proof. law is not 12 years only but it is 12 years or above. So depends upon the documents.
Regards
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