Rights of tenant
neha
(Querist) 15 February 2015
This query is : Resolved
I have a query from one of my friend.
As per Indian Law, if property is let out for more than 15 years without any agreement. Is there any chance for the tenant to become legal owner of the property?
prabhakar singh
(Expert) 15 February 2015
If the landlord has proof of the fact that occupier was admitted as tenant in premises then law is that once a tenant always a tenant.
There is no law that a tenant occupying premises for over 15 years under oral tenancy would become owner of property.
However a situation may emerge where land lord fails to prove the relation of land lord and tenant between occupier and owner and occupier denies the relationship and pleads that his occupation and possession over the premises is hostile and in the knowledge of the owner for a period of over 12 years and succeeds in proving the same the court shall deem a title vested in such occupier by law of adverse possession but in all it is not so easy to grab a building property in such a manner.
Guest
(Expert) 15 February 2015
Perfectly and Well advised
Dr J C Vashista
(Expert) 17 February 2015
1. Pure academic query.
2. Very well explained and advised by expert Mr. Prabhakar Singh, I fully agree and appreciate.
3. It is quite impossible situation that the landlord kept quite for 15 long years with a tenant without an agreement.
4. Tenant shall remain tenant and never owner, even if in occupation for 50 years.
5. In the instant case prima facie the tenant is a tress passer.
T. Kalaiselvan, Advocate
(Expert) 19 February 2015
I dont understand that why do you insist on Indian law particularly, do you know other country's law in this regard better?, or whether are you not an Indian? Better have a control over your language in public forums like this.
neha
(Querist) 19 February 2015
Sir, I only need Indian law as the persons whom I mentioned in question are living in India, thats why I clearly mentioned INDIAN LAW.
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
Then go read the books of Indian law available in the Indian Libraries everywhere through India or in the book stores throughout India.
Feel proud to be an Indian, if you are one.
neha
(Querist) 20 February 2015
Sir,
Why are you looking on the negative side of the things?
Seeking advice from the professionals like you helps me lot rather than reading books.
If you feel, that i did any mistake. I am very sorry for that.
