naady.nady (Others) 25 April 2024

New owner - tenants staying from more than 25 years from previous owner - adverse posession

Dear Respected Lawyers,

I am an NRI living in the US from the past 15 years, I have inherited 13 commercial shops after my parents death. 3 of my shops tenants are living there from more than 25 years. The property got registered under my name 1 year back and I made 11 months rental agreement for all the tenants and notarized them and I am receiving the rents from all tenants in the form of online bank transfer to my NRO account.

My question is,

1. Does these 3 tenants have any chance to claim adverse possession since they are staying in that shop from more than 25 years and I am the new owner from 1 year ?

2. what if they refuse to renew the rent agreement and not pay the rent ? Are there any chances that they claim adverse possession in the court by stating that we are tenants from more than 25 years ?

3. Does the tenant stay in the shop counts from the first owner (first owner was my father owned from more than 25 years) or the current owner (current owner is me, I owned from 1 year) ?

Note: The Property is situated in Telangana, I don't know if India has different state laws pertaining to landlord and tenants issues.

I request all the respected lawyers to please reply to my above mentioned query.

Thanks & Regards,

Naady.

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Quick Summary

A new property owner inherited commercial shops where some tenants have resided for over 25 years under the previous owner. The current owner, who has owned the property for one year, has executed new rental agreements. The owner is seeking clarity on whether these long-term tenants can claim adverse possession, what happens if they refuse to renew agreements or pay rent, and how the duration of tenancy is calculated. Legal advice suggests that tenants paying rent cannot claim adverse possession, and grounds for eviction exist if they refuse new agreements or rent payments.

4 Replies

P. Venu (Advocate) 25 April 2024

A tenant can never claim adverse posession.

In the given facts, the rent agreement needs to be registered. In my understanding, notarised rent agreement does not satisfy the requirments of law.

Refusal to renew the rent agreement and/or non-payment of rent is sufficient and substantial grounds to seek eviction.

T. Kalaiselvan, Advocate (Advocate) 25 April 2024

1. There's no provision in law for the tenant to claim title by adverse possession because he is paying the monthly rental amount regularly, hence his possession is by virtue of tenancy and not adverse.

2. You issue them a legal notice stating that you are the new owner to the property hence they have to get a new rental agreement entered into immediately otherwise to vacate the premises within two months from this date and deliver vacant possession.

3. You may follow the steps suggested above which will fetch you the desired remedy.

Real Soul.... (LEGAL) 26 April 2024

If there is rent agreement then they cannot calim the adverse possesion, however the rent laws are applicable,

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 April 2024

You have made new rental agreements for all the tenants. Does that include the 3 tenants also? Have they signed the new rental agreement or do they refuse to sign the agreement? You say that they are shops. Shops are commercial establishments. When a shop oprates for a long time from a locality, they earn the goodwill of the local residents who will be his customers. If you ask them to vacate without sufficient reason, they can refuse or claim compensation. Commercial establishments are different from residential establishments. I do not know the law in this regard. The learned lawyers can advise you.