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Under section 25(3) of the Limitation Act, 1963, what period replaces the ordinary twenty-year…

Where section 25 applies, subsection (3) substitutes thirty years for the ordinary twenty-year period when the property belongs to the Government. The other requirements for…

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Under section 25(3) of the Limitation Act, 1963, what period replaces the ordinary twenty-year prescriptive period when the property over which an easement is claimed belongs to the Government?

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Answer and explanation

Correct answer A

Where section 25 applies, subsection (3) substitutes thirty years for the ordinary twenty-year period when the property belongs to the Government. The other requirements for qualifying enjoyment still apply.

Section 29(4) excludes section 25 in territories covered by the Indian Easements Act, 1882. In Chhattisgarh, section 15 of that Act also requires thirty years for Government property.

The period concerns acquisition of an easement by prescription. An easement is a right over another property, and the claimant does not acquire ownership of that property by establishing the easement.

Option feedback

Option A

Section 25(3) substitutes thirty years where the property belongs to Government.

Option B

Sixty years is not the substituted period.

Option C

Twenty years is the ordinary period, not the Government-property substitution.

Option D

Twenty-five years is not specified by the provision.

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