Neelam Gupta vs Rajendra Kumar Gupta 2024 INSC 769 – Transfer Of Property Act – Minor Transferee- Adverse Possession

Transfer of Property Act,1882- Section 54– A minor can be a transferee though not a transferor of immovable property- Though an agreement to sell is a contract of sale, a sale cannot be said to be a contract. Sale, going by the definition, is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. (Para 30)

Adverse Possession -Tenants or lessees could not claim adverse possession against their landlord/lessor, as the nature of their possession is permissive in nature- Once the plaintiff proves his title over suit property it is for the defendant resisting the same claiming adverse possession that he perfected title through adverse possession –Article 65 of the Limitation Act, 1963 –The starting point of limitation would not commence from the date when the right of ownership arises to the plaintiff but would commence only from the date the defendant’s becomes adverse. (Para 40-41)

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