Will the tenant become the owner in 12 years? People were stunned to hear the new law | Property Dispute: If a tenant occupies a property for 12 years continuously, and without the permission or interference of the owner, then he can claim to become the owner of that house. Many homeowners are surprised to hear this, but this law is present in the Limitation Act 1963 of India, which is called “Adverse Possession”.
What is ‘Adverse Possession’?
‘Adverse Possession’ is a legal principle in which if a person occupies a property continuously, without any interruption and without the permission of the owner, then he can claim to become the owner of that property. In this situation, the possession is considered ‘like an enemy’, that is, against the will of the owner.
If the tenant takes care of the property himself, such as paying taxes, getting repairs done or using the place like an owner and if the real owner does not take any legal action against this occupation for 12 years, then the tenant can acquire ownership of this property under the law.
Why were people shocked?
Many people did not know that if they do not maintain their property or do not provide written confirmation of tenancy, their tenant can demand rights. However, this rule does not apply to a tenant who has a valid agreement or pays regular rent.
Property Dispute: How can a landlord protect himself?
A landlord must take some important precautions to ensure the safety of his property. First of all, a written tenancy agreement should be made with every tenant, so that the terms are clear for both parties. Especially with long-term tenants, it is necessary to renew the agreement from time to time so that the validity of the tenancy remains. It is also the responsibility of the owner to regularly inspect the property, so that any kind of encroachment or improper use can be detected.
Apart from this, taxes and other bills related to the property should be kept in your name so that the ownership is clear in the documentation. If the tenant violates any rule or breaks the terms of the tenancy, the landlord should take immediate legal action so that there is no major loss in the future. By adopting these measures, the landlord can maintain full control over his property.
Property Dispute: What does the law say?
India’s legal framework in terms of ‘adverse possession’ is almost the same across the country and is defined under the Limitation Act, 1963. According to Article 65 of this Act, if a person occupies a private property continuously and openly for 12 years without the permission of the owner, then he can claim ownership of that property.
On the other hand, in the case of government or public property, Article 112 applies, in which this limit has been fixed at 30 years. Both these articles apply equally to all the states, due to which the interpretation and effect of this law remains the same throughout India, although state-level differences can be seen in some judicial and administrative aspects.
Court’s role on the matter
The role of the courts in cases related to adverse possession in India has been very important. The Supreme Court has clarified that mere possession is not enough, but that possession must be openly, continuously and with the knowledge of the owner. This principle ensures that no person can claim the property in a clandestine or fraudulent manner.
Courts in some states treat the doctrine of adverse possession as an effective “sword” that can be used to claim ownership of property. This shows that judicial approach may vary at the state-level, but the basic principle remains the same across the country.
Conclusion: Property Dispute
The law relating to adverse possession in India applies uniformly throughout the country, but its effect and interpretation depends on the social, administrative and judicial structure of the states. The interpretation of this law may vary depending on local conditions, judicial approach and administrative system in different areas. So if you are facing a property dispute in a particular state, it is not only useful but also necessary to seek advice from a local law expert of that state, so that you get a clear understanding of your position and rights.
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