Limitation Act, 1963 - Acquisition of ownership by possession (Section 25)

Section 25- Acquisition of easement by prescription

Suppose you are using someone's property for very long period. Very long period. Suddenly you are stopped by real owner. Will you be happy ?  Of course not.

 But will real owner be happy if you are allowed to continue use of such property ? Of course not, but why has he been silent for long period of time. He should have raised the objection earlier. Right ?

That's the essence of this section. It gives a user of property an absolute and indefeasible right to easement.

First let us know what easement is.

Section 25 uses the word "prescription". what does that mean ?


Section 25 provides that when you use the property for 20 years (30 years in case the property is government), they you will get a right over usage of such property. Remember, the right will be for easement, not the ownership.

Few ingredients of the section 25 are


To get your right of easement, you have to file a suit withing 2 years after completion of that 20 years.

Few more things about Section 25



So to conclude, this is very useful section. Use property for 20 years, file a suit, and that property will be effectively yours..!! Remember the words absolute and indefeasible.



Legalfundaa


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