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Ashwani Sharma   06 November 2018

Can a tenancy converts into hostile/adverse possession?

Hi Experts,

This is with regards to a house. I'd like to know if an occupation by a family that commenced with a tenancy (verbal permission by the owner i.e. without any lease agreement) later convert into Adverse/Hostile possession title/right by the so-called tenant?



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 5 Replies

manoj   07 November 2018

The tenant never claim as adverse possession in the scheudle property. Since he is only a tenant of the schedule property. When you file suit for eviction the relationship between both of you will be landlord and tenant, The tenant cannot claim adverse possession the schedule property. If you want I will Provide Judgments

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

Ashwani Sharma   07 November 2018

Thanks Mr Manoj. Yes if you can pls share the judgements, that would be helpful.

Dr J C Vashista (Advocate)     07 November 2018

Tenant can never become owner/titleholder.

What is your locus standie to the question?

P. Venu (Advocate)     07 November 2018

What afe the facts? What is the real issue, if any? Is the tenant occupying the premises duly paying the rent?

Ashwani Sharma   07 November 2018

Hi Mr Venu, thanks for looking into it. Here�s the summary of the case. Would be grateful to hear your expert-advice here: - My father (now no more alive) started living in 2-rooms on the 1st floor of this property since 1960 & died in 2005. I was born here in this house in 1974 & have been leaving here since then. Initially we were occupying 2-rooms on this 1st floor while other 6-rooms on this floor were occupied by some others/tenants. Later, those others/tenants vacated those rooms & we somehow managed to occupy all of those in year 2000. The owner of the property never raised any concern. Since then, I'm leaving on the 1st floor (8-rooms in total) of this 2-floor building. FYI, on the ground floor of this property, there lives another family who's been living here since 1955 i.e. even before we moved into this house on 1st floor. In 1995, the landlord of the property sold the property via a sale-deed but we continued to occupy those 2-rooms. No questions were raised w.r.t our occupation & we were not paying any rent as well. As I mentioned above, later we occupied the remaining 6-rooms as well on this 1st floor. We were never confronted by the landlord. This new landlord has now sold this property via a sale-deed in 2016 to the family who has been living on the ground floor since 1955. We never entered into any rent-agreement with any of these landlords including the latest one. Recently, this current landlord has filed a case of rent recovery from us for the last 2-yrs (i.e for the time since he purchased this property) & an evicted possession. As per our lawyer, we fulfill all the essential-conditions of a hostile possession hence we can lawfully claim title to the portion where we're leaving i.e. a total of 8-rooms on the 1st floor. FYI, in all these years of our continued stay we've carried out minor repairs within these rooms & also have the electricity-meter on the name of my father. even today. All our other govt documents like ration card, voter Id card, Aadhar card have the address of this house. But we never paid any house-tax, property tax etc. Considering this situation, Can you legal-experts as well please advise if we fulfill the legally-accepted conditions of a hostile possession?

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