Tuesday, 14 October 2014


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Possession in essence suggests that holding an immovable property in possession with or whereas not title of possession. It’s endless act of claiming exclusive use of the property as if the holder owns the property to it he may or won't be having right to possession. Possessions are of varied types. Adverse possession, symbolic possession, possession below a sealed power of grownup, possession below lien and possession below 0.5 performance of a contract are one or two of necessary ones.
A person in possession of associate immovabile property has positive right and interest among the property he is holding. The person has such a powerful management over the immobile property that he can forestall others from occupying it. Unless otherwise evidenced possession may even be taken with none thought as title of possession. Mere possession of an immobile property doesn't suggest that the person is that the important owner of the property.

Holding a property once a decree is passed for vacating it, though enough time is given for vacating the premises, is wrongful and cannot be termed as permissive possession. Possession, occupation and possession do not appear to be one and so the same. Possession means not entirely physical possession (or constructive possession) of a property but in addition full management over it. Occupation means the proper to hold and occupy a property. Possession means lawful possession of a property, which may not accompany actual property possession.

A owner provides his agricultural land to a tenant for cultivation. though the property is that the same, the rights implemented are utterly completely different. The owner possesses the land whereas not occupation and thus the tenant cultivates the land whereas not possession. The mere right to cultivate does not confer the proper of possession on the tenant. Similarly, in an exceedingly} very mortgage, the tenant as a result of the mortgage holder is in actual physical possession of an immobile property and so the owner as a result of the debtor is that the true owner of the property. Here the mortgage holder possesses the property whereas not possession and so the debtor owns the property whereas not occupation. Possession is temporary. Possession is permanent.

Adverse Possession
Adverse Possession means a private possessing an immovable property, that's unfavorable, unhelpful or harmful to the interest of the rightful owner. Adverse possession is possession of a property by a private on his behalf or on behalf of another person thereon truth owner incorporates a right to immediate possession.

If, however, truth owner does not enforce his right among the purpose in time stipulated among the Law of Limitation, the possession of the property becomes adverse to truth owner. The result's that truth owner not entirely loses his right, title and interest within the property however additionally cannot maintain a suit in a very court of law.

Possession ought to be hostile in total denial of the title of truth owner. The person ought to be in possession of the property below a claim of right. The property ought to be in his continuous possession therefore|and so} the people among the neighborhood ought to perceive that he has been staying on the premises peacefully and endlessly for an extended quantity of it slow and paying taxes in his name thus on show that the title of property is adverse to truth owner. It ought to be open and hostile enough for the interested parties to return back to grasp of it.

A person, who utterly holds associate immobile property physically, openly, peacefully and whereas not interruption by truth owner for a quantity of twelve years or lots of, is taken under consideration to have learned the possession and title of the immobile property by adverse possession. The expression adverse possession indicates a hostile or unfriendly possession that is either expressed or understood in open denial of the title to truth owner.

Adverse possession might be a one-sided act. Therefore, it cannot be documented. An individual holding a property for associate extended time does not mean that title of the property is denied to truth owner. The possession turns adverse solely the rights of the person and true owner do not match. The person holding the possession of the land need to hold constant on his own behalf or on behalf of some person except for truth owner, whereas truth owner all along incorporates a right to immediate possession of the property.

Further the possessions to represent adverse possession need to be exclusive and actual physical possession. It’s not within the least necessary that truth owner need to have actual knowledge of the adverse possession farewell as a result of it's open and thus the interested parties have knowledge of it. Also, it is not necessary that the person claiming the title of adverse possession need to perceive who the vital owner is. The mere possession of a property by a entrant does not represent adverse possession unless constant is within the inside of open assertion of hostile title.

Mr. A, who claimed to be a ‘thika tenant’ since 1966 was dealings out the property to tenants. However, he had all along been claiming to be the established grownup of man. B. it fully was entirely since 1975 that man. A started depositing rent in his own name. Mr. A filed a suit in 1982 for prohibition seeking to restrain the owner from seizing the property from him. The court detected man. A’s case and command that man. A had been associate entrant on the property since 1970, but started declarative his rights entirely from 1975 and not earlier. The court command that the suit filed in 1982 was pre-mature, as by the time the suit was filed, Mr. A. had not been in adverse possession of the property for 12 years. I Hindu Joint Family, a member holding the family property cannot be adverse or unfavorable to various members of the family. All the relations treat the possession of the property by one member as possession by all relations. Among the same manner the elder brother of the family assortment rent and revenue is not thought-about a hostile act against the opposite relations.

When a celebration accepts that possession of a property has been given on the premise of lease, mortgage, agreement to sell, the possession can never be adverse. A property does not become adverse if it's given below 0.5 performance of a contract. Possession of the property with the permission of the owner does not become adverse by a mere modification among the knowledge of the person in possession. Permissive possession never becomes hostile, until there's assertion of a hostile possession to the information of the owner.

A person claiming right and title by adverse possession possesses to supply concrete proof to the actual fact that he had exclusive, peaceful and continuous possession of the property for a quantity of twelve complete years as prescribed among the Limitation Act. Title to the property by adverse possession ought to be evidenced with blank facts.

Symbolic Possession
Symbolic possession of a property is given to the client once associate immobile property is sold   in auction. During this event the third party in actual physical possession of the property should be unbroken conversant.

Possession below a sealed Power of attorney
Under A sealed power of attorney, the attorney possesses the property and transacts it on behalf of the fiduciary. The skilled person signs and executes all documents and completes the dealings as if the fiduciary himself in person did all the transactions. Sometimes, a individual holds associate immovable property against positive debts. this could be known as possession below lien. the proper to possession involves A end once the owner of the property clears the debt. Generally, banks have a right to retain a property till the fees are cleared.

Possession as half Performance of a Contract
Possession of an immobile property is in addition given as guarantee for half performance of a contract. someone of this kind of property will not have right or title among the property; but he will have the proper to resist any attempt by the transferrer to need over the property from his possession. Throughout this case the proper of truth owner of the property is in addition affected, since he cannot enforce his right once possession has been given to the transferee.


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