Doctrine of Adverse Possession | Limitation Act | StudyIQ Judiciary
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- Опубліковано 12 вер 2024
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It's inefficiency of court/judges to deliver proper justice to the victim and propagate the gunda raaj mentality.
Exactly what is this rule. I am shocked. That means UP me gunde legally right hote hai 🤣
@@ArjunKumar-wr4sf dono me diff hai. Law ko pura padho bhai fir kuch bolo. Usme bahut saare points hai jo fulfill hona chahiye. Koi Gunda isme right nahi ke sakta hai
true
These guys are misleading people to do wrongful act and go to court and get stuck in proplems
@@Urban_jaats law itself is wrong. Over and above judiciary is double wrong. Its like killing owner hard earned property.
Humm, with that Argument, India Can Not claim PoK and Aksai cheen ?
Wo bharat ke andar
Nice application
lol yes
true
Phir wapis forcefully occupy Karke Rakna hoga 12 Saal keliye Hume bhi
With such laws, peace will never prevail in this country.
Agreed!!! Owner will not sit and watch , he may harm or kill the claimer...This will increase crime.
Yha log ek inch jameen ke liye maar kaat kar dete hai apne hi bhayiyo me aur ye to puri property ki baat hai
@@raazsingh1364 bhai aise hi koi maar kaat nai kar sakta, that is crime and usko deal karne ke liye bhi rules hai.
@@jineshbhandari770 Jin gharo ki deeware milti hai ,
Unke dil nhi mila karte,
Aur yha baat to puri property ki hai,
It happened in my hometown couple of yrs ago, dono parivar jaani dusman hai ab
@@raazsingh1364 jaani dushman bhale hi ho but ab ye 2022 chal raha hai, ab itna aasan nahi hai sab.hum log same cheez experience kar rahe hai, hamara bhi same dispute hai adverse possession vala but it can be solved by court only.
In Simple words. Awaidh Kabja karo aur property ke Malik bano 😁😁😂😂
lagta h dhyaan se ni dekha लेक्चर
watch it again dude
@@classroommistakes4692 There are many loopholes. Many times senior citizens are threatened by encroachers against going to court. This law is totally illogical and stupid.
Are bhai apne angrezo ke kanoon wapas aa rhe hai, modern style me
Bilkul sahi here judiciary is encouraging illegal activity.
1907 ka law Britishers ne apne labh k liye banaya tha control karne ke liye aur after independence isko samapt Krna chahiye tha but usko aur majboot krne hetu change karte rahe. Kya property khreedne ke iye itnee mehnat karni bekar hai even Govt property bhee, aise kanoon ka labh he Rohingya Bangladeshi land mafia, criminals uthate hain.
Ye kanoon ek dum samapt hona chahiye. 🙏
🇮🇳Jai Bharat 🇮🇳 Jai Hind 🇮🇳
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Land k bato
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Too chalo tata birla k companies ownership kar le job seeker h too companies chalata h owner too money chaapta h chalo gangster ban kar pussetion 12 year lele for owner ban jaye 😂😂😂
haresh
a
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Gunda 12 saal tak kisi garib ka zamin harap le...aur use dhamka de ya rok de court jane se...to gunda ka zamin ho gaya ...
Wah re kalyug!
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Oh my god. A complex concept explained in such a simple manner. Kudos to you sister. I have heard retired judges lectures but they go by their par standards which is difficult for common people like me to understand. But now I can present my case myself confidently after going through your explanation. Thank you so much. Jio hazaaaron saal. Blessings from my family. Keep up the good work. Your channel is subscribed and pressed the bell icon. Mashallah.
ऐसे तो अवैध कब्जे बढ़ेंगे.....
Bilkul Aisa hi lag rha h
Bina contract k kisi ko rakho hi mat simple
Yahi tau chahte hai, jo gundagardi kar sakta hai vahi raaj karega, court apna palla jhad dega 12 saal ke baad.
Chori to chori aur kanun bhi choro ka.
RESPECTED MADAM ... KINDLY MAKE A SESSION ON THE SUBJECT OF WAKF PROPERTY FOR THE PEOPLE WHO ARE RESIDING MORE THAN 12 YEARS WITH ALL THE COURT AND CONSTITUTIONAL GUIDES AND GUIDELINES ... THANKS RESPECTED MADAM ... BHARAT MATA KI JAI ...
आपकी जानकारी सभी को समझ में आसानी से आ गई होगी । किसी को कोई डाउट नही होना चाहिए ।
Thanks
Unpad hai ta uska kiya any questions
Nicely explained. Thanks.That was really need incase of ancestral property
Mam I am asking a one question. In this case any person buy a home through Loan and period of time is 30 year. After 12th year this house of loan taking person. Person say I am paying loan for this case house is loan paying person or not
I am not paying loan amount
The case law mentioned at 4:40 is RAVINDER KAUR GREWAL v MANJIT KAUR and not Indra Kaur Grewal v Manjeet Kaur.
If a person live on rent for 13 years and paid monthly or yearly payment....... Then he would get adverse possession of that property.???
No, Adverse possession starts when it becomes hostile if tenant us paying rent then he is agreeing to the relationship
No, first of all he is paying rent
And second the electricity bill of that property will be on the owner's name which proves that the property Is in owner's possession
In simple words kahu awaidh kabja suna hai 😂😂...bas wahi hai malik ko bhaga do aur aise behave Karo wo tumhare property hai aur is beech wo koi suit file na kare 12 saal to ..up bihar me isliye kahte hai kabja badi cheej hai dam ghat jate hai jameeno ke agar owner ka kabja nahi hai
Yes you r right
अब समझ आया mam , thanks for you 😘❤️
Ma'am what about rooms/house rented for commercial purpose?
You should make rent agreements in this case. Renew it timely to be on the safe side.
I would prefer if you could have also concentrated on the real owner side how he could have defied the possession or evicted the person with adverse possession instead of being "how to get the adverse possession?"
please correct the name of the judgment, it is Ravinder Kaur Grewal Vs Manjit Kaur (2019) 8 SCC 729
Accha.....
To ye rule...dabangbazzo aur politicians k liye h...
Great🙌🏻🎉
India has a lot to learn from history
In normal case limit is 12 year
In govt case limit is 30 year
Mtlb people can sleep only 12 year but govt can sleep 30 year waah!
Ik gardener ne apni sari zindagi lga di kisi dusre ke bagiche mein to abto gardener us bagiche ka malik hua is hisab se to...
Aisa nahi hota hai bhai, thoda dimaag lagao and law ko achhe se samjho
Way of explanation is nice
Peaceful!!! My God... A good actor can cross 12 years with a mask on his face to eat their target... And these innocent owners bade pyar se thag liye jaayenge
Kya baat hai 👏👏. Aise banega mera desh mahan.
Mai Himachal ka rahne wala hu. Me or Mera parivar yaha 1800 sn se raha rah hai .par yaha agricultural & non agricultural ke chaker me mai jameen nahi kharid nahi pa raha hu . Kyonki me agricultural nahi hu .me chahata hu ke me bhi agricultural ban kar me bhi kuch kar saku . Please give me some suggestions for this
Ye decision kya sirf house property ke liye he ya fields ke liye bhi ?
All immovable property. But ye bilkul galat kanoon hai.
Nikamme judges ki vajah se salo saal property matters court mein atke huye hote hai unn matters se palla jhadne ke liye ye kanoon laya hai.
Judges ko lagta hai owner aaram se baitha rahega claim file hone ke baad,
Wo to jaan se maar dega claim karne wale ko,
Aise to crime badhenge
Superb, Excellence Performing Work, Necessarily our Indian State, National People's Awareness, Safety, Security and Development regarding work good luck Opportunities and Benefits in all fields .
Balle Balle....Land Mafia....
What an Act for support to Land Mafia....
Is this applicable to govt lands? If yes then I'm gonna be encroaching few acres of forest. 😂
Haha yes rightly catch. very easy
Government land k liye 30 sal ka kabja dikhana pdega
Nope forests are governed under Forest Rights Act.
@@jineshbhandari770 shameless govt give away these land slowly when there is chunk of votes.
1000 plus acres forest land grazing lands are encroached and sit for dhara road block etc.
Thanks explaining about adverse possession
can a graticious licensee..go for ownership after 15 yrs of continious possession....will this adverse possession judgement be applicable on him.
that judgement is Ravinder Kaur Grewal vs Manjeet Kaur 7 August 2019 not Inder Kaur vs Manjeet
This law applicable for chawl and chpadpati ???
yes but most of time that land is of government. So, time period is 30 year
You explained it in a good manner..i really appreciate it
If real owner 5 years old and he comes to knows about his property in possession of someone else's hand at the age of 25 years of age then 12 years will be counted from his 25th years of age till 37th year. Within such age he has to apply to court to save his property from adverse possession.
No 12 years will be counted the day he attends age of 18 and it Depends upon th age at which his name got in to ownership. His maturity age(18 years) shall be counted. This rule is not applicable on minors. If that person's got his property in childhood but his name got entered in revenue records as owner after he turned 18 then the possession period is calculated from the actual posession date of other party. He may loose that land in this case. If his name also got entered when he was a child then his land is safe subject to his reclaiming as soon as he attains adult age.
Plaintiff means who? the person who had been in occupation of the property for more than 12 yrs? or the person who had been not living in that property but had put his lock on that property for more than 12 years
Plaintiff means the person filling the case or approaching the court first against other person. The other party is called Defendant.
UA-cam hi is tym sbse bada school bna hua h😂😂😂 kaha kaha se teachers n gurus nikl nikl a rahe h daily hey prabhu🙏🙏🙏
What would be the case if the owner dies nd the property fall under joint ownership of 2 legal heir nd among them nobody claim the ownership but one among them holding the possession from past 12 years and concerned property is still under the name of dead person, so such suit can be filed in such circumstances .
Joint Owner should get legal heir certificate on his name...to be full ownet of property
@@sandeepumatt3412 hey brother can you please explain me in detail?. My grandpa passed away 8 years ago without doing any will. We are living in my grandpa's house from last 25 years. Can we claim ownership of this property?? My uncle had been forcefully locked some part of our house for so many years. We are ready to give him money but he doesn't want to give that part of home to us. Can we just claim our part of home?
@@shilpasolanki2114 in this case u r a criminal and behaving like a victim.
@@KS-su6fb no we are not. My grandpa was living with us still he was alive. And our grandma still living with us only. My uncle never took care of them. He just come to attain funeral of my grandpa. My uncle took 10 lacs rupees from my grandpa to build his own home. Then he never talked to them. We are ready to give money to my uncle for that part of house. The one who take cares of parents all the life have no values in your eyes. I know law is blind. And True people are never going to get justice in Indian judiciary. But if God exists in this world then he/she will do the justice.
My uncle separated from my grandparents and parents just after one month of his marriage after taking money to build his own house from my Grandpa. It's been 24 years we living with are grandparents and taking care of them.
What would be the case if the owner dies and the property is in the possession of deceased's friend for the past 12 years. By WILL now the owner of property is deceased mother.
Thanks mam for useful video....God bless you
aisi property ko kis FY se apni income ka part ITR me dikha sakte hain aur is par kya Tax liability banegi , kya poora 5 karod is hi saal ki income me add kar ke 30% IT dena padega?
Property is in your control, you havent sold it and earned income on it so it cannot be counted under income tax. But its property so property tax is Liable, if there is house or any construction then you have to pay property tax on it to local municipal or village panchayat authority, and if it is only land then you have to pay land revenue tax on it to revenue department.
Impressive mam👌If One have Hindu undivided Ancestors Property, total 3 are thr, n two of thm sold it to outside third person without concern of one, but remaining one is in possession n wants to buy again solded part of property.. do thy go by right of Preumtion? N sec 22, plz suggest.. what to follow,
4:14 de rakhai hai. Limitation Act Article 65 of schedule I
and Limitation Act section 27 (Extinguishment of right to property) also covers the doctrine of adverse possession.
Are the courts serious about such a law?? This means one can go around and start staying at an empty house or land and after 12 yrs claim adverse possession. The court should consider removing such a law.
It is not a law but just a time limit set under the act to dispose such cases , the people should take action under defined time line or else loose their right.
@@jineshbhandari770 what if he is financially weak?
Thanks a lot Mam for sharing your Legal Experience on Adverse Possession. Satish Kam, Advocate, Seraikella, Jharkhand.
agar aisi he bat he government bhi to soya rhta he apne law par vo kaise 20 year baad claim krta he ke ye sarkari zamin he isse khali kro ye rules government pr kyon lagu ni hota sirf public pr he kyon?
Very nice and good Suggestion, Information and Advised, Depth Knowledge, Information and Advised
4:22 -- Ravinder Kaur Grewal vs Manjit Kaur
Mam adverse possession kya family ke logo pe lag sakta h?
For eg... mere tauji (dada ke bhai ke bete) ne 12 bigha jo mere dada ki death ke bad mere papa ke nam pe aaya wo kabja rakha h 40 sal se.. salo se bol rhe h ki hissa krenge krenge lekin kabhi krte nhi.. air rishtedari me hmne case wagera bhi file nhi kiya kabhi.... abhi property mere papa ke nam pe h lekin kabja tauji ka h...
To kya hamare case me adverse possession lagega?
nahi ..wo tumhara hi rahega
Doubt hain..... to iss law ke anusar train ki patadi ke side me jo Zupade hain ...wo yadi kal ko ye kahe ki wo jis jagah par rahate hain wo unki property hain to kya chalenga ?🤨
Article 65 ya section 65 of limitation act ?
एक बात मेडम जी से पूछना चाहता हूँ की अगर किसी को अपने घर का कब्जा बापिस चाहिये हो तो उसके लिय क्या करना पड़ेगा और किस तरह की प्रोसेस करनी पड़ती हे कोर्ट मे किस तरह का केस फ़ाईल करना पड़ेगा कृपया करके बताये.....🙏💐
Uske liye apne ceo se milo jo.
Ceo agr mamle ka niptara nhi kr paye to civil court me title suit kro.
Mamla lamba khichega pr agr aapke pass property k sale deeds aur uske tax bills hai to aapke favour me verdict aYega
@@user-om8bx7cd2y जी कृपया करके मुझे आप अपना मोबाइल नंबर दे दीजिये मे आपसे बात कर लेता हूँ...💐
@@hemantkushwaha2834 आपके लिए सबसे बेस्ट किसी सीनियर वकील का सुझाव रहेगा, आप उनसे कंसल्ट करे वो आपको legal process बताएंगे।
कोशिश करे मामले जितने निजी स्तर पे सुलझ जाए क्योंकि कोर्ट में यह मानसिक, शारीरिक व financialy काफी torture करने वाला लंबा प्रोसेस होता है।
Hope for the best.
@@user-om8bx7cd2y जी अगर कोई देना ही ना चाहे तो मजबूरन मुझे कोर्ट की सरन मे जाना पड़ता हे मुझे लगभग 12 साल होम वाले हे और हमारा केस जबलपुर हाई कोर्ट मे चल रहा हे और आज तक किसी बकील ने मुझे अच्छी और सही सलाह नही दी मे क्या करू समझ नही आ रहा हे कृपया आप मुझे अपना मोबाइल नंबर दे दिजए ताकी आपसे कुछ हैल्प ले सकू कृपया सही मार्गदर्शन करे...💐🙏
@@hemantkushwaha2834 मैं भी आपकी तरह ही पीड़ित हु, मेरे पिता फौज में थे और अब रिटायरमेंट के बाद अपनो से ही केस लड़ रहे है अपनी ही प्रॉपर्टी के लिए।
और जब आपका केस हाइकोर्ट में चल रहा है तो आपको मेरी कोई जरूरत नही, मेरी कोई बिसात नही की आपको कोई मशवरा दे सकू। आप सही जगह पर है।
Thanks a lot Mam For ths valuable Information
Very Well Explained
Thank you ma'am
Thanks
Then Why Government Is Claiming Slums Illegal.🤔
Coz that's our GOV.🤣
Supream Kotha 🤣🤣🤣
What about renting Agreement should
Heartedly Thankuuu Ma'am❤
Kisi ki property par kabja kar lo .. phir court case ladte ladte 20 - 25 saal aaram sae nikal jaayega aur property aapki ho jaayegi .. 😂😂
Gazab beizzati hae yaar ...
यदि कोई व्यक्ति 20 साल से अधिक दूसरे की प्रॉपर्टी पर कब्जा करके बैठा है तो उससे रिकवर कैसे करे।
Property gaya samjho ... ye 12 saal wala kanoon ekdam ghatiya hai iska virodh hona chahiye.
Does the Limitation Act supersede the CNT Act of Jharkhand?
Please answer the question.
What if somebody has enchroached govt land for more than 20 years and constructed house.....plz clarify...
Very well explained mam..thank you so much
How biased our laws are
1) for normal persons property the time period is 12 years only
2) for governments property the time period is more than 2 times that is 30 years
why there such a difference
the explainer is only explaining what is written in english. she is just translating easy english words but not the comlicated one like plaintif etc.
If One person is in job with his family and given his village home to his brother's childrens and grandchildren to live till the retirement of his job then is it possible that the childrens and grandchildren of another brother able to adverse possession?
Yes, court unke favour mein hi decision dega; ye ghatiya kanoon laya hai.
Absolutely not its your ancestors property ..you can claim anytime even after 100 yrs..you have all your rights
@@maheshpatil-he8ny ya you r right becoz all our documents are from there
No,here will apply permissive possession
@@anjanakumari8246 right
Superb
Kindly suggest
If property is vacant so what should we do?
Go capture it.
This law is applicable on pagdi system
So,to draw a close analogy,a goon kidnaps a woman then the goon becomes legally the husband after 12 years.
Shame on our laws.
The owner has bought the property and is the absolute owner.
The one who has encroached must be given the most stringent punishment but here the encroacher is being MOST HANDSOMELY REWARDED.
LOOTO DOOSRE KI PROPERTY,SEENA THOK KE
SHAMEFUL LAW
Is this applicable on parental property?
No
Thank You So Much Mam
Hello Are there any exemptions to this 12 year limitation act? Like if you are challenging and disputing the existence of a trespasser and causing interruptions, will the limitation still apply?
There is exemption.
Iska matlab Pakistan ye keh sakta hai ki POK 12 yrs se jyada samay se pakistan k pas hai... isliye Indian law k according POK India ka nhi hai... Wah kya soch hai judge saheb ki 😒
Then by that logic Pakistan should be governed under Indian laws and should be under control of Indian govt.😂
What are the proof of take care? Means how we can prove that the person who has possession of the property is taking care of that property
Rasan card
Electricity bill
Voter ID
Great information
Madam, in case of permissible possession , if the owner does repair or maintain these property for long period such as more than 34 years ,all expenses relating with maintenance and repairs borne by the tanent , then what if ,is permissible possession granted or not . Thanks
House I have been living in with my father for 50 years was transferred to all my uncles and aunts after the death of my grandfather and no one bothered until five years back. Now they want to take their shares, does this law apply to family issues.
Possession ka dawa galat hai ya sahi yee kaisee hoga
My land is empty
Under mee all of sudden some one claims that it is with mee
How people will defend
What to take care
I got very good information from you ma'am ji🥰
Everyone is criticizing adverse possession but if someone is not using his property than he is hoarding land and making it unuseful from economic prespective e.g the poroperty can be used to plant trees or crops or for building rental appartment which would decrease the cost of owning property in that region etc.......however there are also many problems associated with this law which are needed to be solved
The Limitations Act1963 Article(65) and Article (27), Extinguished of right to Immovable property. Clarity Supreme Court judgment Clarity good past Supreme Court judgment.
In case of permissive or adverse possession, how one can sell the property to other person. How he will proceed further??
Fantastic informative explains video Madam kindly make more Videos 👌👌💐💐
Ma'am yadi koi sarkari jamin per 15th years se rah raha ho aur yahi us bhoomi per apna ghar bhi bana liya ho to kya vah us property ka malik ban jayega please ma'am answer my question 🙏🙏🙏🙏🙏🙏🙏🙏🙏
@@rajnishpandey8050.. 30 yrs rehara ho to..
Ma'am , kya ye sab pushteni Jamin par bhi lagu hota h ??
Thank you...
ভুল সে মালিক নয়, সে বা তিনি জমির মালিক নন, তাকে শুধু থাকার পারমিশন দেওয়া হয়েছে বসবাস করার জন্য, মহারাজা চাইলে তাকে সেই জমি ছাড়তে হবে এবং এটাই ঠিক জমির মাপকাঠি দন্ডে.
ভালোবাসার সহিত.
The land must have been registered for over a year before the adverse possession application was made.
Kya mai government quarters me rahta hun 16 sal se to kya mai government quarters ka maalik ban sakta hu.
Excellent information thank you
Tenants can claim for adverse possession after 12 years if rent agreements had done with owner?
Aise tho govt servant jo quarters mai 30 yr tak rahega tho quarter uska ho jayega
Mam is this doctrine applicable to Ancestral agricultural property
Mam har tarm ko samjhayenge to hum jayse jo log only interest and jankari ke liye aap ki video dekhte unke liye accha rahega. Jayse meaning of possession .