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Consider the following statements regarding Adverse Possession:
  1. It is a legal concept that allows a person who has unlawfully occupied someone else’s land for a certain period of time to claim legal ownership of that land.
  2. In India, there is no law governing the concept of Adverse Possession.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements regarding Adverse Possession: It is ...
's property for a long period of time to claim ownership of that property.
To claim adverse possession, the person must have occupied the property openly, continuously, and without the owner's permission for a specified period of time (which varies by state).
The purpose of adverse possession is to encourage the productive use of land and prevent neglect or abandonment of property.
Adverse possession does not apply to public property or property owned by the government.
The true owner of the property can prevent adverse possession by taking legal action to remove the occupier or by giving permission for the occupation to continue.
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Community Answer
Consider the following statements regarding Adverse Possession: It is ...
The Law Commission of India recenly recommended against enlarging the period of limitation provided under Articles 64, 65, 111, or 112 of the Limitation Act, 1963, which encapsulates the law on adverse possession.
About Adverse Possession:
  • It is a legal concept that allows a person who has unlawfully occupied someone else’s land for a certain period of time to claim legal ownership of that land.
  • The claimant, or disseisor, must demonstrate that several criteria have been met before the court will allow their claim.
  • In India, adverse possession has been a part of the legal framework for a long time and is rooted in the idea that land must not be left vacant and instead be put to judicious use.
  • To claim adverse possession, the occupier must prove that they have been in continuous, uninterrupted possession of the land for at least 12 years and that their possession was open, notorious, and hostile to the true owner.
  • The law of Adverse Possession in India is governed by the principle of The Limitation Law of 1963.
  • As per adverse possession under limitation act, if over a due course of time or period, if an appeal is not made to revise any limitation, the current scenario of titles continues. 
  • According to the Indian legal system, if a property owner fails to make a claim towards their property for 12 years, and the same tenant continues to occupy the property for 12 years, the ownership rights to the property is transferred to the tenant. 
Hence only statement 1 is correct.
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Consider the following statements regarding Adverse Possession: It is a legal concept that allows a person who has unlawfully occupied someone else’s land for a certain period of time to claim legal ownership of that land. In India, there is no law governing the concept of Adverse Possession.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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