Posts

Showing posts with the label Adverse possession

Family Property Partition for NRIs and OCIs in India

  When it comes to NRIs and ancestral property , they have the same rights as Indian citizens to inherit property. However, they may face certain legal and operational challenges when it comes to managing or selling the property, especially being out of the country of birth. NRIs need to be aware of the legal requirements and tax implications related to ancestral property in India, and it is recommended that they seek professional legal and financial advice to ensure smooth management and transfer of the property.

Challenges to Adverse Possession on Registered Land

Image
The term  adverse possession  is a legal doctrine and also known as “squatter’s  rights .” According to it, a person who does not have any  legal title  over the property attains ownership based on continuous possession over the property without the consent of the actual owner.   Adverse possession - a harsh law   Hon’ble Supreme Court has observed that the law of adverse possession is stringent strict for actual owners and a boon for a dishonest person who illegally acquired possession of the property of the real owner.”  So, what is adverse possession?   In simple words, it can also be called as “land grabbing.” Origin of this type of land taking lies in the national policy called “Land to the Tiller”.    Adverse possession recognized under the Limitation Act The Limitation Act, 1963, is a statute that governs the period within which suits are to be filed. The law of limitation is based on the norm that  ‘limi...