Author(s): Srishti Dixit and Rajesh Kumar Verma

Abstract: The law of adverse possession allows ownership transfer through continuous, open, and hostile possession of property without the owner's consent, rooted in historical needs to resolve land disputes and prevent abandonment. This article examines its moral and ethical implications, highlighting its basis in possession as a fundamental legal concept. It explores the legal framework in India under the Limitation Act of 1963, alongside global perspectives, noting variations in limitation periods and conditions. Critics argue it enables unjust enrichment, equating it to legalized theft, particularly when it deprives rightful owners, such as Non-Resident Indians or the elderly. The Supreme Court of India and the Law Commission have urged reform, citing its irrationality. The article suggests compensating original owners, adjusting limitation periods, and abolishing "bad faith" possession to balance the interests of possessors and owners, aligning the law with modern socio-economic realities.

Pages: 112-117 | Views: 605 | Downloads: 175

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