Acquiring or releasing property after a certain period of time and subject to conditions determined by law, acquisitive prescription is a common practice. What legal procedures need to be followed? More on this subject above.
Prescription is a mode of acquisition of property after a public possession, peaceful, unequivocal, apparent, as owner (animo domini) and uninterrupted for a period of 30 years. The apparent character must be manifested by external material signs. It should be noted that the acquisitive prescription in real estate dates back to antiquity, especially at the time of the reign of Theodosius, in the 4th century BC. JC. It was the same principle of final acquisition after 30 years that was applied. Under the Affidavit of Prescription Act, any application for transcription of a prescription affidavit must be made in writing and in the form prescribed by law to the custodian of the mortgages. The following document must be produced: a duly registered affidavit containing, in addition, the characteristics of the above-mentioned possession and key information, namely the location of the property (location, description, abortions, etc.) At the end of the 30-year period, the date on which his or her occupation began, the site plan and a duly registered survey report, indicating the location, description and exact abutment of the property..
In case of objection
A notice in the terms of the Affidavit of Prescription Act that an application has been made to the Mortgage Conservator must be then published for three consecutive days in two newspapers, at least one of which shall be on the list approved by the Mortgage Conservator. Any person claiming to be the owner, in whole or in part, or having a certain interest in the property in question may object to the transcript of the affidavit of prescription within three months of the last publication of the notice. The objection must be made through a bailiff of the Supreme Court addressed to the Registrar of Mortgages and the person requesting the transcript..
Transcript of Affidavit
Details of any affidavit of limitation filed for transcription and a notice of objection shall be recorded by the Registrar of Mortgages in a special register which is accessible to the public against payment of a fee of Rs 100 per day.
In the event of an objection, the person requesting a transcript may request a judge to lift the objection. After hearing the parties concerned, the judge may order the removal of the objection or refer the parties to a competent court. .
It should also be noted that no affidavit of prescription that is the subject of an objection can be transcribed unless the objection has been withdrawn and a notice to that effect was sent by a bailiff from the Supreme Court to the Mortgage Conservator. Still in the case of an objection, it is possible to go ahead with the transcript of the affidavit if a judge gives the order or if a competent court has ruled on the matter. In this case, a certified copy of the judgment rejecting the objection must be presented to the custodian of the mortgages. If no objection is received within three months or if the objection lodged is subsequently withdrawn or dismissed, the procedure for the transcript of the affidavit may proceed on presentation of the required documents.
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