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march 1971

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.

SHAMBHU PRASAD SINGH vs MST. PHOOL KUMARI & ORS. · Niyam