Adverse possession -- Permissive possession cannot be converted into adverse possession unless it is proved that the person in possession asserted adverse title to the property to the knowledge of the true owner for a period of 12 years or more...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration as owner in possession - Dispute between mother and widow regarding estate left by deceased - Mother claiming Will in her favour - Will prima facie document showing ownership and entitlement to property - Wife restrained from alienating suit property - Status quo regarding possession also to be..........
Adverse Possession -- Joint property - Ouster of one of the co-sharers - Law summed up - (i) No hard and fast rule can be laid down from which it can be inferred that any co-sharer has ousted other co-sharer. It will depend upon facts of each case - (ii) Uninterrupted sole possession of joint property, without any definite evidence to show that a person is holding..........
Hindu Succession Act, 1956, Section 14>(1), (2) -- Property of female Hindu - Succession of self acquired property - Will in favour of wife and nephews - Life estate in favour of wife - Nephews entitled to property on termination of life estate - Wife gifted the property to Gurudwara Sahib - Wife not absolute owner in terms of Sec. 14 (1) - Had restricted rights u/s 14 (2)..........
Adverse possession -- Means hostile possession which is expressly or impliedly in denial of title of the true owner - Mere long possession is not sufficient - In order to constitute adverse possession the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner - The classical requirements of acquisition of..........
Adverse Possession -- Burden of prove - Defendent to prove affirmatively, by clear and unequivocal evidence that his possession was hostile to real owner and amounted to denial of his title to property claimed - For deciding whether alleged acts constituted adverse possession, the animus of the person doing those acts is most crucial factor ...........
Adverse Possession -- Mere possession however long does not necessarily means that it is adverse to true owner - In order to constitute adverse possession, the possession proved must be adequate in continuity, in publicity and in extent so as to show that it is adverse to true owner - Possession must be peaceful, open, continuous and hostile enough to be capable of being..........
Adverse Possession -- Whereabouts of true owner not known -Defendent claims adverse possession of the property - Not sure who is the true owner - Question of his being in hostile possession and denying title of true owner does not arise...........
Transfer of Property Act, 1882, Section 105 -- Lease or licence - To ascertain whether a document creates a licence or lease (1) the substance of the document must be preferred to the form; (2) the real test is the intention of the parties whether they intended to create a lease or a licence; (3) if the document creates an interest in the property, it is a lease; but, if..........
Indian Penal Code, 1860, Section 405 -- Entrustment in an hypothecation - There is no 'entrustment of the property' or 'entrustment of dominion over the property' by the hypothecatee (creditor) to the hypothecator (debtor) in an hypothecation - When possession has remained with the debtor/owner and when the creditor has neither ownership nor beneficial interest, obviously..........
