Adverse Possession - Legal requirements to claim the property in India

Definition of Adverse Possession

An alternate word for adverse is unfriendly or hostile, but what does adverse possession mean? The concept of ‘adverse possession is not defined in the Limitation Act, 1963 because it is a negative and consequential right merely based on the negligence of the true owner. In this article, we will understand the true meaning of adverse possession and capture its true essence; we shall also be discussing how it has evolved over the period. Further, we will discuss the concept or logic behind adverse possession from a historical perspective.

The historical concept of adverse possession

The rules of adverse possession go back to the Code of Hammurabi. This Code is a little different from the law of adverse possession, but the same is followed to date.

Suppose a person, as per his wishes, leaves his house or field and some other person possesses the same and owns the property for three years. In that case, the first owner cannot claim his property, but the property shall be given to the person in the current possession of the property.

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