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How and under what circumstances the possession of one co-sharer can be adverse against other co-sharers? – Answered!

January 10, 2019 0 Comment

The mere fact that one co-sharer is in exclusive possession of a joint property would not amount to a destroy of title or an ouster so as to destory his title. This principle applies even more strongly where that co-sharer is in possession as representing all the co-sharers.

The question whether exclusive possession by a co-share amount to an ouster or not, depends upon the circumstances of each case. If one co-sharer separately occupies a portion of the common land without objection from his co-sharers and with their express or implied consent, such sole possession is not to be regarded as amounting to exclusion or ouster of the other co-sharers from the possession of that portion.

On the other hand, if the separate possession of a co-sharer is continued after objection from any of his co-sharers and in defiance of their claim to be in joint possession, then the co sharers who are excluded and ousted from joint possession are entitled to bring a suit to obtain possession of the common property.

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Unless express ouster is established the possession of one co-sharer cannot be adverse against the other co-sharer.

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