Questions Legal

Does a tenant living somewhere for more than 30 years have the right to ownership?

Airtract

Daya Deepak

The world belongs to those who read

The rules and guidelines regarding the tenant-landlord agreements are complexes based on different circumstances. Multiple rules are governing the co-existence of both landlord and tenant. But in general case, a tenant doesn't have the authority or right to claim the property he/she has been living in for 30 years. A tenant remains a tenant and same in case of landlord except in one condition. This condition is known as Adverse Possession.

What is Adverse Possession?

The Adverse Possession of a property by a tenant is elaborated under the following criteria, as discussed below. The ownership of the property can be carried from the landlord to the tenant if he/she has qualified in accomplishing the following things.

  1. Actual- There must action from the side of the tenant to claim the property considering the property as of it is his own. The tenant must execute dominion on the property.

  2. Continuous- By virtue of articles 64 and 65 of the Limitations Act, 1963, there must be absenteeism of tangible ownership by the original owner for up to 12 years. If the property has been under the governance of tenant for 12 years and possession was not disturbed in between, then the tenant has the right to overtake the property.

  3. Exclusive- The property must be solely owned by the tenant. In order to prove the sole occupancy, the tenant has to employ certain constructions, modifications, etc over the property to prove him right of claim.

  4. Open- The tenant has to succeed in proving his existence at the property for 12 years to the open world. This includes creating a boundary for the property, making improvements, and sustaining the neighbors on good terms. Your interaction with the neighbors must clearly call for your claim over the property.

  5. Hostile- the tenant has to seize the land facing the rights of the original owner. It cannot be based on the permission of the landlord. This is a tricky method in which the tenant conquers the property based on any defect in title deed claiming the agreement to be invalid or faulty.

Thus, if the agreement is dismissed by either landlord or tenant, the time starts clicking. If after the dismissal of agreement, the tenant does not relinquish the property in 12 years or if the landlord doesn't initiate any action to reclaim the property ownership then tenant owns the chance to if an owner does not claim its ownership rights then the tenant can allege adverse possession after the conclusion of 12 years.


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