Right of Tenancy/ownership/Adverse Possession
Querist :
Anonymous
(Querist) 25 August 2010
This query is : Resolved
If a person is in possession of a property from Last 15 years. He is having possession, Lock & key of property from last 15 years. He is running business from same property from last 15 years. If he is paying to owner every year some charges as share of electricty bill. No Rent is paid by him. Now redevelopment of property is under process. Can he claim ownership flat from builder/ developer in redeveloped building? Can he be treated as tenant? what will be his right?
Devajyoti Barman
(Expert) 25 August 2010
Yes the tenant has got right to his part of the tenancy in the property after its reconstruction.
Querist :
Anonymous
(Querist) 26 August 2010
Thank you for your reply sir. But in above case he is no way a official tenant but just in possession of said property from last 15 years. Now builder is doing reconstruction. Owner of property not ready to give any room in newly constructed building & telling to vacate room as it is. Is there any right of this person to get ownership premises in newly constructed premises.
Querist :
Anonymous
(Querist) 26 August 2010
There is no agreement between the person who got possession & owner. Its a seperate room of a owner which is in complete possession of possessor from 15 years. Electricity is combined so some nominal share is paid to owner every year. Telephone is in possessor name from last three years. what will be possessor's right? or he just have to vacate premises as per owner's instruction.
