Legal Question in Real Estate Law in India
In a suit 4 possession the ownership of the plaintiff has been challenged by me( the defendant), ON THE GROUND THAT THE PLAINTIFF IS NOT THE OWNER BUT IS A CO-OWNER LIKE Me as the deceased father is the real owner ALTERNATIVELY THE DEFENDANT has also become the owner by way of adverse possession ( IN CASE THE OWNERSHIP OF THE FATHER IS NOT PROVED.My query is that if it is correct 2 raise the plea of co-ownership along with that of adverse possession simultaneously on the basis of the above facts.Kindly quote a leading citation on the issue.
Asked on 9/22/09, 8:19 am
1 Answer from Attorneys
Shrichand Nahar
S.V.Nahar, Advocate
A co-owner can not claim adverse possession.
Answered on 9/23/09, 1:02 am