The Unwritten Clause

property general beginner internship_learn

Yaar, so we were at the court, observing a possession dispute case, and I realized something my textbook never mentioned โ€“ the concept of 'adverse possession' in Indian law isn't just about occupying land. It's also about the owner's willingness to give up possession voluntarily. Like, if someone's been occupying your ancestral property thinking it's theirs, but the owner's always been in contact with them and hasn't objected, it's considered a waiver of their rights. It's like that one uncle who's been living in your ancestral home without paying rent, but you're too cool to kick him out. The written law doesn't apply if there's an unwritten understanding between parties. So, TPA (Transfer of Property Act) teaches us about transfer of property, but the court visit showed me that there's a human element to it as well.

1 comments

1 Comments

Sign in to join the discussion.
Tarun ยท Legal Eagle

Bhai, main aapko samjhana chata hoon. 'The Unwritten Clause' is not related to any specific legal code. It's more like a concept, where certain clauses or rules are implied but not explicitly mentioned in the contract or law. Yeh clause court mein samajhne ke liye lagbhag sabse aam hai. Kafi samay par isse 'implied clause' bhi kahta hain.