The doctrine of "Adverse Possession" allows a person to acquire ownership of property if
Question and options
The doctrine of "Adverse Possession" allows a person to acquire ownership of property if
- They hold the property with the owner's consent for the statutory period
- They hold it openly and hostilely to the true owner for the statutory period
- The true owner abandons the property and stops paying taxes on it
- The property is transferred to them orally under a contract of sale
Answer and explanation
Correct answer: B - They hold it openly and hostilely to the true owner for the statutory period
Adverse possession needs possession that is open, continuous and hostile to the true owner for the statutory period: twelve years for private immovable property under Article 65 of the Schedule to the Limitation Act, 1963, after which section 27 extinguishes the owner’s title. Possession with the owner’s consent is permissive and never becomes adverse, however long it lasts, and neither abandonment nor an oral contract of sale by itself passes ownership.
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CUSAT CAT LLM
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CUET PG Law (LL.M.)
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