LAW OD ADVERSE POSSESSION
21 Dec 2012, 20:47
I am a student of II year,law. I am researching on law of Adverse Possession and I am seeking recommendations for the same from Professors, Lawyers and Judges. In a recent judgement Justice D Bhandari expressed his views that law of adverse possession is illogical and irrational and should be scrapped off, as far as i have researched, and in my own opinion, the law is reasonable though disproportionate. It would be of great help if I could know your opinion on this matter. Should the law be scrapped off or amendment only in the limitation period of 12 years is required? or the law shall remain untouched? If there is anything else you would like to recommend on this matter, that would be of great help.
2 Replies
I agree with the Judgement of Justice D. Bhandari on adverse possession being illogical and irrational in as much as it is misused by those in possession. It is also to be considered those who have invested in property with their hard earned money and other grab it in the guise of adverse possession. Owners who have the title and documentation and who unable to manage the property due to unforeseen circumstances or family reason should not loose the property by such claimants. In my opinion the law should be scrapped in toto.
The limitation period of 12 years is long enough and hence reasonable. We should see the rationales behind the law. These problems were even then when the law was introduced. Why the law makers inserted section 27, this needs to be taken in view. The said law is undoubtedly an unjust enrichment to the trespasser, thus disproportionate but still justifies the rationale behind it i.e. to regulate the use of land. I would like to know which unseen circumstances or family issues restrains a true owner from keeping a check or make use of his land.