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Whether law of adverse possession applies to Joint Hindu Property?
08-Nov-2023 (In Civil Law)
whether law of adverse possession applies to hindu joint property? As the kartha of the joint hindu property is in his possession whether he can deny giving share to a coparcener when the copacerner demands for his share partition ?
Yes. Law of adverse possession even applied under Hindu partition act. Yes, the limitation period have to be seen from on the facts before coming to the conclusion whether he can deny giving share to copacerner or not.
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Yes if joint Hindu property if more than 15 years he is living than with all eminites paid recipient of evidence than he can go adverse possession he can file civil suite in judicial limtes of any court
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Adv. Shankar Bandi
Bangalore | 400+ Answers
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No, law of adverse possession does not apply as the possession is not adverse, further possession of one is possession of all, hence the defence of adverse possession will not apply to joint family property.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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Hello,
The kartha of the joint Hindu family cannot deny in giving shares to the coparceners.
The kartha has the right to look after the property and has to maintain accounts for the same but cannot claim to be the sole owner of the property.
The kartha of the joint Hindu family cannot deny in giving shares to the coparceners.
The kartha has the right to look after the property and has to maintain accounts for the same but cannot claim to be the sole owner of the property.
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Adv. Roopashree R. A.
Bangalore | 100+ Answers
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