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What Is Adverse Possession?

Answer By law4u team

Adverse possession is a legal doctrine allowing a person to claim ownership of land under certain conditions, despite not holding the legal title.

Key Points:

  1. Requirements:
    • The possession must be continuous, exclusive, open, and hostile for a specified period (usually 12 years in India).
  2. Intent:
    • The possessor must demonstrate an intent to possess the property as if they are the rightful owner.
  3. Legal Action:
    • The original owner may lose their rights if they do not take legal action to reclaim the property within the statutory period.
  4. Legal Recognition:
    • Adverse possession must be established in court for the possessor to gain formal title.

Summary: Adverse possession allows individuals to claim ownership of land after continuous and hostile possession for a statutory period, provided the original owner does not take action.

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