Question

Legally ``adverse possession'' means a person acquires

• A. legal ownership of property under certain conditions for a statutory period prescribed by law
• B. possession of a property with encumbrance
• C. legal ownership of property under certain conditions for ever
• D. possession of a property for rent for a specific period

Hint:

The statutory limitation period for adverse possession in India is \( 12 \) years for private land and \( 30 \) years for government land under the Limitation Act, 1963.
Possession must be hostile, continuous, and open to qualify.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks for the correct legal meaning of the term "adverse possession."
We need to evaluate how possession transforms into legal ownership over a specified duration under certain legal conditions.


Step 2: Detailed Explanation:

• Adverse possession requires that the possession of the property must be continuous, uninterrupted, open, notorious, and hostile to the true owner.

• Under the Limitation Act, 1963, the statutory period prescribed for claiming adverse possession over private land is \( 12 \) years.

• For government-owned land, the prescribed statutory period is \( 30 \) years.

• If the true owner fails to take legal action to evict the trespasser or possessor within this statutory period, their right to the property is extinguished.

• Consequently, the adverse possessor acquires absolute legal title and ownership over the property.

• This transformation is conditional upon the possession being "nec vi, nec clam, nec precario," meaning without force, without secrecy, and without permission.

• Option (A) accurately captures this rule, noting that it requires certain conditions and a statutory period prescribed by law.

• Options (B), (C), and (D) do not reflect the correct legal definition of adverse possession.



Step 3: Final Answer:
Legally, adverse possession means a person acquires legal ownership of property under certain conditions for a statutory period prescribed by law, which is Option (A).