AI Overview...
- Exclusive Possession of a Share for 20 Years or More - Main points and insights:
- In cases where a coparcener has been in exclusive, uninterrupted, and hostile possession of a specific share in coparcenary property for 20 years or more, such possession can lead to acquisition of title by adverse possession (e.g., BAIDYANATH MISRA VS LOKANATH RATH ALIAS MISRA - Orissa, SHANKAR BHAU CHAVARE vs ANNAPPA BALU NAIKWADI (DECEASED) THRU LRS. - Bombay).
- The period of adverse possession required to claim ownership is generally 12 years, but the context of exclusive and hostile possession over a long period (20 years or more) strengthens the claim of ownership or title by the coparcener (e.g., BAIDYANATH MISRA VS LOKANATH RATH ALIAS MISRA - Orissa, SHANKAR BHAU CHAVARE vs ANNAPPA BALU NAIKWADI (DECEASED) THRU LRS. - Bombay).
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Even if the property is jointly owned, a coparcener's exclusive possession of a particular share for 20 years or more may establish their right to that share, especially if such possession is adverse to other co-owners (e.g., Pandu VS Laxmibai C. Subhadra - Karnataka, ANJANAMMA . N W/O. MUNIYAPPA VS N. MANJUNATH S/O. LATE HANUMAIAH - Karnataka).
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Analysis and Conclusion:
- The law recognizes that a coparcener, by virtue of birth, has an interest in the joint family property and enjoys joint possession. However, if a coparcener is in exclusive possession of a specific share for 20 years or more, such possession can be deemed adverse and may lead to acquisition of that share through prescription.
- This long-term exclusive possession, when hostile and uninterrupted, can serve as a basis for claiming ownership rights over that share, potentially leading to a transfer of title or extinguishment of others' rights.
- Therefore, in the context of coparcenary property, long-term exclusive possession (20+ years) by one coparcener can be a significant factor in establishing ownership of that share, especially when possession is hostile and adverse to other coparceners or co-owners.
References: - BAIDYANATH MISRA VS LOKANATH RATH ALIAS MISRA - Orissa, SHANKAR BHAU CHAVARE vs ANNAPPA BALU NAIKWADI (DECEASED) THRU LRS. - Bombay, Pandu VS Laxmibai C. Subhadra - Karnataka, ANJANAMMA . N W/O. MUNIYAPPA VS N. MANJUNATH S/O. LATE HANUMAIAH - Karnataka
Search Results for "What is One of the Coparcenar is in Exlusive Possession of a Share for a Period of 20 Years or more"
2010 0 Supreme(Pat) 2589 • India - Patna
S.N.HUSSAIN
to him-Hence, the period of limitation would be three years from the date of plaintiffs knowledge about the deed-The plaintiff/ respondent ... Limitation Act, 1963-Article 113 and Article 59-Article 113 provides that period of limitation for filing a suit for which no period ... suit only for declaration that the impugned deed of gift was illegal and for cancelling/setting it aside, as he was already in possession ... The said Article provides that period of limitation for filing a sui....
2025 Supreme(Online)(Mad) 60287 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
28-29) ... ... (B) Partition - Legal entitlement of co-parceners - The plaintiff is entitled to a share ... Every coparcener takes a defined share in the property and he is the owner of that share. But there is, however, unity of possession. The share does not fluctuate by births and deaths. ... The plaintiff failed to exercise her right for more than the statutory period of 12 years and hence, the plaintiff’s right if any, in the Suit Properties h....
2009 0 Supreme(Mad) 355 • India - Madras
G.RAJASURIA
The plaintiffs were found to have the right to claim a share in the C and D scheduled properties. ... The plaintiffs were found to have the right to claim a share in the C and D scheduled properties. ... The plaintiffs were found to have the right to claim a share in the C and D scheduled properties. ... possession and enjoyment of the same. ... Under one other registered sale deed executed in favour of D3, he is in possession and enjoyment of the second item of C Scheduled properties ....
2024 Supreme(Online)(Bom) 4640 • India - Bombay High Court
SHARMILA U. DESHMUKH, J
by Article 65 of the Limitation Act, with the limitation period commencing from the date of adverse possession. ... - Suit filed in 2011 was barred by limitation as it was beyond 12 years from the date of adverse possession. ... right of a purchaser of undivided interest in coparcenary property is to sue for partition, and the possession of non-alienating ... be found to fall to the share of the coparcener whose share he had purchas....
2012 0 Supreme(Kar) 1120 • India - Karnataka
B.V.NAGARATHNA
The death of Mahadeo in the intervening period did not extinguish his right to succeed to the suit lands as the order of regrant ... After the re-grant of the said lands, it became available for partition and separate possession. 22. ... possession of the said lands by metes and bounds on account of impartibility of the estate, the family continued to cultivate the ... A coparcener obtains an interest by birth in the coparcenary property and has joint possession and enjoyment of the sa....
1973 0 Supreme(Ori) 132 • India - Orissa
S.K.RAY
Adverse possession requires exclusive, uninterrupted, and hostile possession for a period of 12 years. ... In the present case, the Defendant had been in possession of the properties for more than 12 years, and his possession was exclusive ... absence of an adult coparcener. ... Thus, he being in possession of the same for more than twelve years, he acquired title thereto by adve....
1965 0 Supreme(SC) 200 • India - Supreme Court
A.K.SARKAR, RAGHUBAR DAYAL, V.RAMASWAMI
DECREE FOR DELIVERY OF JOINT POSSESSION - ORDER FOR DELIVERY OF SYMBOLIC POSSESSION OF UNDIVIDED SHARE IN COPARCENARY PROPERTY - ... THERE BEING NO LEGAL, COMPLETE OR EFFECTIVE DELIVERY OF POSSESSION - DELIVERY OF FORMAL POSSESSION ... ... It was further held that the grant of symbolic possession by the court tantamount in law to delivery of actual possession and therefore ... And the joint possession which coparceners enjoy i....
2021 0 Supreme(Kar) 369 • India - Karnataka
B.V.NAGARATHNA, HANCHATE SANJEEVKUMAR
Hindu Succession Act, 1956 – Joint family properties of the Hindu Undivided Family – Suit for partition and separate possession ... of the plaintiff is concerned and hence, the plaintiff has a share in the said property also. ... by birth becomes a coparcener in her own right in the same manner as the son. ... (ii) Possession of joint property by one co-owner is in the eye of law, possession of all even if all but one is actually out of possession. ....
2010 0 Supreme(Kar) 326 • India - Karnataka
N.KUMAR, A.N.VENUGOPALA GOWDA
Therefore, the unamended Section remains in operation for the period before this repeal. ... If another son is born in the family, automatically the share of each male is reduced to one fourth. ... If a Coparcenary consists of a father and his two sons, each would own one third of the property. ... Therefore, the unamended Section remains in operation for the period before this repeal. ... 114. ... When she was not given her legitimate right in the property, she filed a suit for decla....
• India - Andhra Pradesh
K.RAMASWAMY
share in the plaint schedule property and directed the appellant and the third defendant to deliver possession thereof. ... Whether the respondent was entitled to one-fourth share in the plaint schedule properties? 3. ... share in the plaint schedule properties. ... In that view, the appellant agreed for partition and separate possession of one fourth share of the properties under Ex. B-11. ... Whether a widow consented to such a family arrangement o....
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