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(Guest)

Adverse possession

learned members

my father rented the property when he was alive. after his death due to some circumstances i wasnt able to ask for rent from the tenant and now it has been more than 12 years than no rent has been received. my question is whether the tenant be able to claim adverse possession in this case?

Is it possible that he has got a title in the property?



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 April 2013

It depends upon various circumstances whether title by adverse possession can be claimed or not, like why the rent was not asked/paid, whether tenancy is admitted by the tenant or not, whether the tenant was living in the place with open hostile possession showing his ownership etc etc. But prima facie speaking the tenant won't become the owner by  the mere fact itself that he has been residing there for more than 12 years.

1 Like

madhu mittal (director)     04 April 2013

Madam Archanaji,

Please write more about open hostile possesstion showing his ownership with example if possible, because this term is confusing me in practical terms what is the difference between mere possession for more than 12 years or open hostile possesstion showing his ownership for more than 12 years. Thanks in advance.

Mandeep Kaur (AE)     04 April 2013

Dear sir/ madam,

my father own a property of 24 maralas, he rented a part of gound floor to Mr. VG. for ten years. He was paying electricity bill , water bill for that area, now the tenure is completed but he is not in mood to vacate the place, entry to the place is common.Already one case is running in additonal court by  his wife to buy the property. my question is after  completing  the ten year rent agreement can he cailm his possesion without futher rent agreement or paying same rent which was decided 10 years ago.

advocate praveen (prop.)     19 April 2013

Mr. Vedi,

As per your query Adv. Archna give full of knowledge.  Apart from this you have to issue a legal notice to take further step and to get the possession of the flat.

regards

 


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