Limitation Act,1963 - Acquisition of ownership by possession (Section 26)

Section 26- Exclusion in favor of reversioner of servant tenement


Let's take below example to understand the section.

The facts are 

  1. A gives land to B for lifetime to use
  2. B have to return a land after his death to A or his son S1
  3. C started using part of the land given to B
  4. A dies before B
  5. So effectively S1, the son of A will get the land back. 
  6. In this case S1 will be reversioner

The question, whether C will be eligible to easement right as under section 25 ? Or will rules be different in this case ?

Object of section 26 is to protect the interest of reversioner.

Can you answer the below question ?


The logical answer to above question in essence is section 26 of the act. It protects the interest of reversioner.

Let's take one example 


One more example to clear the point




There are two additional important points. First the interest must be created for life or period exceeding 3 years. Second, when reversioner(S1,the son of A in above example) or claimant has to resist the right of easement of third person, then he has to file a suit once the property is returned .(In above example, after B's death)




That is nutshell is section 26 of Limitation Act. Protection of the interest of the reversioner..!!


Legalfundaa

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