When someone else occupies the property of a person, the real owner gets nervous. The biggest fear is that the occupiers do not become the law owner. Many times tenants try to express ownership over him after staying in a house or property for a long time.
In such a situation it is important to know that Indian law has clear provisions regarding property rights. If a person has been holding your property for more than 12 years, then the case is Adversar Position Opposite occupation right Can fall under the category of.
What does the law say?
According to legal experts, the tenant is not considered the owner of the property in normal condition. But if the landlord becomes careless and does not make a rent agreement for years or makes a claim on the property, then the tenant or other occupied person may get a chance to claim adversar possession.
Under the Transfer of Property Act, if a person occupies private property for 12 consecutive years and the owner does not take any legal action during that time, the occupiers may get the right over that property.
Interpretation of Supreme Court
Supreme Court Limitation Act 1963 Citing the provisions of said:
- The legal deadline in case of occupation of private property is 12 years.
- This deadline on government property is 30 years.
- Counting of possession begins at the first time of occupation.
If a person maintains possession of private property for 12 years and the real owner does not take any legal action, then that person can become the owner of that property under the Adversion Pulsation.
How can this situation be saved?
- Create regular rent agreement and renew it.
- Periodically monitor the property and keep the documents updated.
- Give the tenant clearly information about the rental conditions.
- If someone takes illegal possession, then file a petition in the court as soon as possible.
Can the owner forcefully remove the occupiers?
No. If a person has been holding a property for more than 12 years, the real owner cannot forcibly remove him. He will have to resort to the court and present his claim with all legal documents and evidence.
If the owner has strong documents of ownership and the occupiers are unable to present any evidence that his claim is proved correct, then the court can give a decision in favor of the owner.
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