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Adverse Possession

The Law commission feels that law on adverse possession does not need changes. Meaning: The phrase adverse possession refers to the hostile possession of property.

Why in news?

The Law commission feels that law on adverse possession does not need changes.

About

Meaning: The phrase adverse possession refers to the hostile possession of property, which must be “continuous, uninterrupted, and peaceful.”

The original title holder, who neglected to enforce their rights over the land for a long passage of time, cannot be permitted to re-enter the land.

Read also:- The Doctrine of Adverse Possession (Devi Singh Case)

Issues with the law

  • It is extremely harsh for the true owner & a lottery for a disho-nest person who has illegally taken possession of the property. Fraud persons have subjected the true owners of property to avoidable and expensive litigation.
  • Avoidable work further saddles the already overburdened court machinery.
  • Given the skyrocketing land prices, there is no reason to believe that land is not being put to proper use.

Conclusion

Adverse possession is a legal concept that allows a person to acquire ownership rights over a property through continuous and open possession for a specified period of time, without the permission of the legal owner. Adverse possession serves as a means to resolve disputes over land ownership and provides stability and certainty in property rights. However, it is a complex and controversial area of law, with various requirements and limitations varying from jurisdiction to jurisdiction. Understanding the principles and requirements of adverse possession is essential for property owners, legal professionals, and policymakers to ensure fair and just outcomes in land disputes.

Read also:- SUMMARY OF THE ECONOMIC SURVEY 2022-23

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