Tenant can claim ownership regarding

Garg vikas (Querist) 11 April 2022 This query is : Resolved
My flat is rented for more than 3 years on leave and license agreement of 11 months and renewed after 11 months. Now renewal is pending. I have doubt that
1. Shall i renew the agreement or not
2. Can he claim ownership of flat
3. Under what situation tenant can claim ownership of my flat.

I am very much worried, please clarify

Thanks

Vikas garg

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Quick Summary

If you have a properly executed lease agreement, your tenant generally cannot claim ownership of your flat, even after a long tenancy. The key is to ensure your agreements are correctly drafted and renewed as 'lease agreements' rather than 'leave and license' agreements. A tenant can only claim ownership if the title is legally transferred to them through a sale or gift deed executed by you, the owner.

kavksatyanarayana (Expert) 11 April 2022
You need not worry if the rent agreement is properly executed between you. Now if the rental agreement period has lapsed, you and the lessee shall execute a fresh "Lease Agreement" (Rent agreement but not leave and license) for 3 years (the from and to period shall be mentioned) with a monthly rent as mutually agreed, advance if any, failing of paying rent how to pay extension of the lease period for a further period of 3 years, etc. Consult a local advocate or Document Writer for drafting the lease agreement.

Advocate Bhartesh goyal (Expert) 12 April 2022
No, Tenant can not claim ownership rights over your flat particularly in your case as there exists lease agreement between him and you.Beside the lease agreement always receive rent thrugh cheque.If tenant pays rent in cash then issue him rent receipts and get counter sign on counetr file of receipt.

P. Venu (Expert) 13 April 2022
Yes, it is the settled law that "once a tenant, always the tenant". Tenant's denial of the landlord's title itself is a ground too seek eviction.

krishna mohan (Expert) 13 April 2022
You can enter into fresh rental agreement with mutually accepted terms. If you have doubt give notice and look for alternative tenent.

Dr J C Vashista (Expert) 14 April 2022
Very well analysed, opined and advised by experts, I fully agree and appreciate.
Answer to your questions is
Q 1 Shall i renew the agreement or not
It is your personal decision which depends upon your requirement and cannot be assumed by experts.

Q 2. Can he claim ownership of flat
No, Never.

Q 3. Under what situation tenant can claim ownership of my flat.
On transfer of title by sale or gift executed by you (owner) in favour of the tenant.

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