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Party claiming adverse possession in Court must avoid this mistake.

Posted by jobseeker Aanchal Jha | Approved
Answers (1)

Party Claiming Adverse Possession in Court Must Avoid This Mistake:
Mistake to Avoid: Acknowledging the Owner’s Title or Permission
When a person claims adverse possession, they must not admit that:
They were occupying the land with the owner’s permission, or
They recognize the true owner’s title during the possession period.

Why This Is a Fatal Mistake
Adverse possession requires that possession be:

Hostile, Actual, Open, Continuous, and Exclusive — against the interest of the true owner.

If the claimant accepts the true owner’s rights (even implicitly), the possession becomes permissive, not hostile, and the claim fails.

Karnataka Board of Wakf v. Government of India (2004) 10 SCC 779
"Mere possession, however long it may be, does not become adverse possession unless the possessor has animus possidendi and that too to the knowledge of the true owner. A mere statement in pleadings or oral evidence is not enough. The possession must be hostile, open, and continuous."

Answered by jobseeker Aanchal Jha | Approved

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