In Karnataka State Financial Corporation Versus N. Narasimahaiah and OTHERS [AIR 2008 SC 1797 : (2008) 4 SCR 853 : (2008) 5 SCC 176 : JT 2008 (4) SC 183 : (2008) 4 SCALE 473] Supreme court Held : Right of property, although no longer a FUNDAMENTAL right, is still a constitutional right. It is also human right.… Read More The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.
Under West Bengal Land Reform Act 1956 In order to establish the claim of pre-emption the petitioner pre-emptor has to establish the basic ingredients of Section 8 of the Act of 1955. In a case of pre-emption under Section 8 of the Act of 1955 a pre-emptor has to establish that a portion or a… Read More Right to Pre-Emption
In India Article 65 of Limitation Act prescribed limitation to recover possession from the person in wrongful possession is 12 years from the date when the person in possession set up hostile title or adverse title, continuing in possession. Article 65, Schedule I of The Limitation Act prescribes limitation of 12 years for a suit… Read More Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.
Adverse Possession Advertisement Agreement Amalgamation Of Immovable Property Auction Of Property Bargadar [West Bengal] Benami Property Building And Construction Contract Cantonment & Military Property Capital Assets Capital Assets Transfer Capital Gain Company Amalgamation Cyber Law Devottar Easement Enemy Property Family Settlement Gift [ Muhamadan] Government Grant Government Land Government Patta Heritage Property Highways Hotel Accommodation… Read More Property and Real Estate Laws in India
Historical background The concept of ADVERSE POSSESSION was born in England around 1275 and was initially created to allow a person to claim right of “seisin” from his ancestry. Many felt that the original law that relied on “seisin” was difficult to establish, and around 1623 a statue of limitations was put into place that… Read More Law of Adverse Possession in India
The Delhi Apartment Ownership Act, 1986 Chapter I – Preliminary Short title, extent and commencement Application Definitions Chapter II – Ownership, heritability and trasferability of apartments Ownership of apartments Apartment to be heritable and transferable Ownership of apartment subject to conditions Compliance with the covenants and bye-laws Right of re-entry Purchasers or persons taking lease… Read More The Delhi Apartment Ownership Act, 1986