Supreme Court of India · 1971-03-24
SHAMBHU PRASAD SINGH vs MST. PHOOL KUMARI & ORS.
- Citation / case number
- SC 1966/60037
- Court
- Supreme Court of India
- Petitioner
- SHAMBHU PRASAD SINGH
- Respondent
- MST. PHOOL KUMARI & ORS.
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that a family arrangement can be valid even in the absence of actual disputes over each property item, as long as there are claims or counterclaims among parties. The Court clarified that adverse possession requires characteristics of adequacy, continuity, and exclusiveness, with the burden of proof on the adverse possessors. It was determined that Nankhu acquired a half share in the disputed house through a bona fide family arrangement, and the possession of a co-sharer is legally considered possession of all co-sharers, thus establishing the principles of family arrangements and adverse possession.