Law Of Adverse Possession In India |आ गया कब्जा का नया कानून - अवैध कब्जे से ऐसे बचेगी आपकी संपत्ति|

In this video, we dive into the law of adverse possession in India, exploring the intricacies and implications of this legal concept. Gain a deeper understanding of how adverse possession works in India and its significance in property law. If you're interested in learning more about this fascinating topic, be sure to check out the video. Get informed, stay informed. #lawofadversepossessioninindia #propertylaw #legal #learnmore Main Ingredients of Adverse Possession:
The Supreme Court, in the 2004 case of Karnataka Board of Wakf v Government of India, outlined the essential elements for proving adverse possession.
Claimants must establish the date of possession, the nature of possession, awareness of possession by the true owner, the continuity of possession, and that the possession was open and undisturbed.
In the 1981 ruling in Kshitish Chandra Bose vs. Commissioner of Ranchi, the top court delineated the requirements of openness and continuity.
What are the Arguments Against Adverse Possession?
Promotes False Claims: Adverse possession promotes false claims and burdens the judicial system with avoidable litigation.
Lack of Consent: Adverse possession allows someone to acquire property without the consent or knowledge of the true owner.
This is considered unfair and unethical, as it disregards the owner's rights and denies them the opportunity to make decisions about their own property.
Inequitable Outcome: Adverse possession can lead to unjust outcomes, especially when the true owner is unaware of the adverse possessor's occupation.
The true owner may suddenly discover that their property has been taken away by someone who had no rightful claim to it, resulting in a loss of property and often emotional distress.
Section 107 in Transfer of Property Act, 1977
107. Leases how made.
- A lease of immovable property for any term exceeding one year, and reserving a yearly rent, exceeding rupees fifty can be made only by a registered instrument.
All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession :
Provided that [Government] [In section 107 word 'Government' substituted 'for His Highness' ibid.] may, from time to time, by notification in the Jammu and Kashmir Government Gazette, direct that leases of immoveable property, other than leases for any term exceeding one year, and reserving a yearly rent, exceeding rupees fifty or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession.
Section 106 in The Transfer Of Property Act, 1882
106. Duration of certain leases in absence of written contract or local usage.-
(1)
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2)
Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3)
A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4)
Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.
The difference between registered and notarized rent agreement is that a notarized agreement is a rental document which is signed in front of a notary to establish its authenticity. On the other hand, a registered rental agreement is an agreement between the tenant and landlord on a stamp paper registered with the sub-registrar of the area. It is formed in case the rental tenure is for more than 11 months.
Notarized Agreement:
A notarized agreement is a document which is signed and authenticated by a notary public.
It adds an extra authenticity and also useful for evidentiary purpose.
Registered Agreement:
A registered agreement is a rental agreement. It is registered with the local sub-registrar office.
It provides legal sanctity to the agreement and gives protection to both the landlord and the tenant.
Registered agreements are mandatory in some Indian states and cities, while in other states, they are not obligatory.
It involves paying a registration fee and stamp duty.

[@kamleshbarot989]

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[@lonewarrior2936]

Sir...What is the new law on this topic. Thumbnail says naya kanoon... Which points are new sir related to Kabjaa

[@jayprakashjoshi2338]

Good information 👍

[@TopHitOnAdvAvinashNandanSharma]

Thanks😊❣️

[@GurmelSingh-qx8er]

What Will Be The Condition Of The People's Of Underprivileged Classes ?

[@advocatesandlawstudentsguide]

Very nice video

[@deepakkumarojha91]

Sir ladka ladki ka shadi laga ho aur ladka wala shadi karne se inkar kare to ladki Wale Ghar pe akar gali glose kare to kya karna chahiye ?

[@rajurajesh2625]

Avaidh kabja bhumaffia nahi karte. Sarkar k adhikari karamchari co dclr dm karwate h. Enhe umra kaid k saja milna chahiye.

[@user-hb3jn2fl9t]

देश में कई ऐसे प्रकरण है कमजोर व्यक्ती के जमीन पर गुंडागर्दी करके ताकतवर व्यक्ती कब्जा कर लेता है परन्तु पुलिस प्रशासन हस्तक्षेप नहीं करता देश का सपती संरक्षण कानून पर संसोधन होना चाहिए

[@rupeshpandey8578]

येस

[@seemaarora264]

❤

[@handicraftmiracle]

Sir.🙏🙏🙏🙏🙏.HUSBAND WITHOUT DIVORCE CAN CLAIM WIFE KE PROPERTY AND DID SECAND MARRIED.AND FIST WIFE IS DEAD. FIST WIFE PROPERTY IS THIS.

[@lonewarrior2936]

Your question is slightly confusing. May be you can try to ask in hindi for more clarity.

[@prakashtejwani5895]

In ka kahna h phele wife death ho gayi h aur inhona dusri shadi kee h aur pheli wife kee property in mil sakagi yah nahi

[@lonewarrior2936]

@@handicraftmiracle if the property is in wife's name then surely the husband can get it if wife has died.

[@mudangrika8348]

Kya government land ko kabja kar sakta hai??

[@TopHitOnAdvAvinashNandanSharma]

हां अगर 30 साल से कोई उस पर अपना कब्जा रखता है तो...