Dear Sir,
- one should enjoy the property with the knowledge on whom the title is vested.
- there must be give up on the part of the person on whom the title vests. i.e. if i have property in my name and my brother uses it exclusively for his purpose after partition, then it could be his, important aspects, exclusively and there must not be my hand even for a minute, if i come for monthly and check out and go, then also he could claim, but i know how to prove such interests are not in existence. partition, if partition has not taken place it is presumed that all properties are joint family and enjoyed by all persons.
- then it must not be enjoyed by contract. like contract for 12 years and cannot claim that he is in possession for 12 years. even if a contract is for 99 years, a person cannot continue for a day in possession after 99 years.
- as per limitation act, to claim adverse possession, 12 years. that means if a real owner or title holder does not claim anything out of that property, the person in possession could claim for adverse possession.
very important is with the knowledge of title holder
Adverse possession contemplates a hostile possession. It must show that his possession was hostile to the real owner and amounted to a denial of title to the proprrty claimed.
The Party claiming to hold the immovable property aversly must at least go on to prove that it was in denial of the owners title and that he excluded him from the enjoyment of his property.
Essentials for Adverse Possession
- The person claiming adverse possession must hold possession by denying the title of the true owner or by showing hostility by act or words.
- The person claiming adversely must have hostility.
- Adverse possession should be a unilateral act and not a resultant of any contract or agreement.
- Physical possession and excluding adversary from possession must exist.