Landlord And Tenant Laws: Often the landlord is afraid that if a tenant stays in their house for a long time, then he can be permanently occupied.
Do you know that if a tenant is in possession of the property for a long time, then he can occupy it forever?
It is often heard that a tenant has refused to vacate the house to the landlord after paying rent for a long time. This makes landlords afraid that any tenant may take over their property once they have been on rent for a long period of time. Many types of news reports related to this also keep coming out, in which the talk of not vacating the tenant’s house comes to the fore.
Even the law empowers tenants in certain circumstances to take possession of a property after being held for a long period of time. In such a situation, today we are telling you what the law says, can a tenant really prove ownership over the property after some time. Or the landlords also have a right that they can get the tenant vacated whenever they want.
What does the law say?
According to Advocate Chetan Pareek, ‘By the way, no ‘tenant’ has any right over the property of the landlord. But in some circumstances, the person living on rent can express himself on the same. But, as per the ‘Transfer of Property Act, this does not happen in adverse possession and in this the person in possession of the property is also entitled to sell it. That is, if someone keeps an adverse possession on a property for 12 years, then he gets the right over the property.
For example, if a person has given his property to his knowledgeable person to live there and he has been living there for more than 11 years, then he can deposit the right on that property. On the contrary, if there is a tenant and the landlord is getting the rent agreement made from time to time, then they will not have any problem. In this situation no one can take possession of their property.
What is the Supreme Court’s decision?
Recently, the Supreme Court had given a decision, which said that under the Limitation Act 1963, the statutory period of limitation on private immovable property is 12 years while in the case of government immovable property, it is 30 years. This period starts from the day of possession. Explain that the law is with the person who has been in possession of immovable property for more than 12 years. If he is removed from there after 12 years, then he has the right to go to the law to get the property again.
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