Hostil take over of flat by tenant

sagar jadhav (Querist) 18 May 2014 This query is : Resolved
we have one house at rural area (taluka place) whr my my relative is living for more than 12 yrs.
there is no rent agreement

is there anyway property can be take over by tenant?

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Devajyoti Barman (Expert) 18 May 2014
Is he paying any rent?
If yes then he will be treated as tenant otherwise he is a licensee.
In any case if you want this property, you better ask him to vacate.
If he refuses then file as suit for eviction.

sagar jadhav (Querist) 18 May 2014
there is no rent recipt

Sankaranarayanan (Expert) 18 May 2014
Ask them to vacate other wise file a suit for eviction as suggested by Mr barman

sagar jadhav (Querist) 18 May 2014
but is there any chance he will take ownership?

Devajyoti Barman (Expert) 18 May 2014
yes if cause delay in taking legal recourse to evict him.
Do so before 13 years passes from the date of possession.

sagar jadhav (Querist) 18 May 2014
how 13 years? can u tell which law?

Devajyoti Barman (Expert) 18 May 2014
read limitation act of India.
Are you an advocate??

sagar jadhav (Querist) 18 May 2014
really I am not an advocate

T. Kalaiselvan, Advocate (Expert) 19 May 2014
I think expert Mr.Barman is referring to the provisions of law of Adverse Possession, however, you may initiate legal course of action to evict him at the earliest possible without any more delay for your own benefit.

sagar jadhav (Querist) 19 May 2014
thanks,right now is not any trouble,but I heard some where he can take over of flat

Advocate. Arunagiri (Expert) 19 May 2014
If he is a tenant, with or without agreement, he can not take the advantage of adverse possession.

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