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RAGHURAM (CA student)     31 May 2009

rent control act

hi.. if a tenant stays in the rented house for more than couple of years,is there any provision in rent control act that the ownership of the house will be transferred to tenant?if yes,please tell me the number of years and the exact provision in detailed.pls do post ur answers.thanku.



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 17 Replies

Prakash Yedhula (Lawyer)     31 May 2009

This is nothing but myth. A tenant can never become the owner of the rented premises merely becasue he has stayed there over a period of time. There is no such provision under any law.

R.M.Bhaduri (Lawyer)     02 June 2009

There is no doubt in opinion of Mr.Y.Prakash as he is absolutely right.

ashoksaini (advocate)     06 August 2009

No there is no proviosion whereby a tenant acquire ownership right over permises he is occuping being a tenant only by lapse of time. Once a tenant is always a tenant.

manu (advocate)     07 August 2009

tenant is always a tenant...... only option available is u can dispute the land lord-tenant relationship and prolong the matter for sometime.

Dharmesh Manjeshwar (Advocate/Lawyer)     07 August 2009

All my learned friends are leading u to the correct conclusion .... there is no such law and/or provision at law or elsewhere .... a tenant is always a tenant and cannot become an owner just by residing at the tenanted premises for x years .... only way is if he purchases the property from the landlord on ownership basis.

Jacob (SOftware Engineer)     10 January 2010

 HI

My property is in Andhra Pradesh place called Amalapuram. I own a house and given rent to one family. They are staying there for last 15 years. My question is is there any act that if they can own the property since they are staying there from last 15 years continously.

We have not given any rent reciepts to them. Electricity bill is in my fathers name.Only they has is a phone bill. Can any of you please answer my query. i appreciate your help in solving my question. What are the correct measures i have to take to not to see any mess if they are in that idea of occupying the property.

venu poddar (propreitor)     21 January 2010

I am tenant of a office room since many years.The property belongs to a trust.Sometime back all tenants received a letter from a trustee saying that we should not pay rent to the present trustee esp dont pay cash or personal cheque.Some of did not pay for a few months.The trustee sent an eviction notice only to me as I belong to the same family,& he thought I was behind the letter .

I have sent the rent by MO & receip6t is showing recd under protest.

What is the legal implications

Prem Dhawan (service)     19 March 2010

I agree with others that a tenant is always a tenant.

Suryanarayana Tangirala (Advocate)     23 March 2010

You are refering to adverse possession a tenant cannot calim possession to that of his land lord as said by friends in the forum once a tenant he has only right to enjoy the possession as a tenant or a licenseeas the case may be  and cannot become an owner

G. ARAVINTHAN (Legal Consultant / Solicitor)     24 March 2010

A tenant can be owner of the property unless or otherwise if he buy the property. Tenancy right will never be a right of ownership

Bobby Mani T (Lawyer)     15 April 2010

There is no provision for the tenant to acquire the ownership right even if he has been occupying the building for any number of years.  You have to initiate evcition proceedings in tthe rent control Court for evicting the tenant if you want to get back the building. 

Shoaib Khan (Business)     14 June 2010

Hii alll..

Can anyone tell me which law/Act supports the fact that a tenant cannot claim adverse possession?? kindly specify the section aswel..

   

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     14 June 2010

SIR

AS STATED SUPRA TENANT IS ALWAYS TENANT AND CANOT BECAME AN OWNER

BUT IF TENANT OCCUPY THE LAND UNDER TENANCY TENANT HAS A RIGHT OF PRE-EMPTION

BY THIS RIGHT IF THE OWNER WANT TO SELL THE PROPERTY THE OWNER HAS TO OFER TO THE TENENT IF TH EOWNER IS NOT SATISFY THE OFFER PRICE THE OWNER CAN SALE TO PROPERTY TO OTHERS.

Bobby Mani T (Lawyer)     22 June 2010

Adverse possession must commence in wrong and must be maintained against the right of the owner and maintained fro the statutary period. Limitation begins to run whent the possession of the tenant becomes adverse to that of the owner.  Mere declaration is not enough. (Hanuman Prasad v. Rub Narain, AIR 1067 Punjab 38)


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