Illegal occupants can own any property, if the actual owner of the property doesn’t claim the same before the court within a period of 12 years as per the new rule of Supreme Court.
A bench of Justices R K Agrawal and A M Sapre mentioned if any person can demonstrate genuine, nonviolent and uninterrupted possession of a property retained by some other individual for in excess of 12 years. According to the rule, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it\".
For all that, the bench solicits an injunction by ruling that a squatter should appear with the permission of the actual owner over the property and produce the original owner a party to the suit before the court for claiming the rights over the property through adverse possession.
This ruling appears in the case where a Muslim man had filed a case claiming the ownership over a property through adverse possession in Jalgaon, Maharashtra. He had put an effort to advance the urge of adverse possession to claim ownership rights over the property, which had fell heir to a Muslim Lady, after her father’s death.
Voiding the existing verdict of Bombay high court favoring the man, Supreme Court bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea\".
Again the man claimed that he was the adopted child of the original owner of the property, thus is the inherited owner of the property. Justice Sapre, the writer of the judgment for the bench declared that the appeal taken by the defendant about adoption validating his ownership over the land as an heir of the actual owner was rightly held against him. Later, he failed to prove that he’s an adopted son. It’s an established principle of Mohammadan law that it doesn’t admit adoption. Thus, the judgment went to in favor of the lady who owns the actual ownership rights.
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