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(Guest)

Rented property without lease agreement

Hello everyone !!

We’ve been living in Delhi in a rented flat from past 35 years. For initial 8-9 years there was a lease agreement and since then we are staying in this house without any agreement. We tried to approach the landlord on numerous occasion and requested him to sell this property but the landlord is very adamant. We have constructed a small room as well. We are living here continuously from past so many years. We do transfer certain amount into landlord bank account through cheque every month. Is it poissible for landlord to prove in court that the amount we transfer is actually the rent ? As there is no rent agreement signed between us from past 26 years.

Now my question is, is this scenario eligible for adverse possession ? If yes, then how to proceed about it and if the answer is no, then how to tackle this in our favour. 

Your help will be appreciated, thanks in advance

 



Learning

 5 Replies

R.Ramachandran (Advocate)     15 July 2018

Once a tenant always a tenant.  Unless you have purchased the property through proper registration by paying stamp duty, you cannot become the owner of the property.

A tenant cannot claim "adverse possession" against the landlord.

If you are putting some amount in the bank account of the landlord, why and whatfor you are putting? Pl. clarify.

manoj   15 July 2018

As per your query what right is created by landlord to you to construct small room in the rented premises. The landlord is not selling the schedule property, it is his wish whether to sell or not. You cannot compel the landlord to sell the property. Even if you compel the landlord by any sources, after getting property registered through sale deed he can challenge the said sale deed is void. This law site is not encouraging to illegal acts. Only to safe guard the innocent public.

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292 

G.L.N. Prasad (Retired employee.)     15 July 2018

Please go through earlier SC judgments, and not even one judgment is in favour of such tenants who wanted to grab the property and subject landlord for inconvenience and litigation.  The law can not support your intentions / actions though you may extend such occupation for few years.  But at the end, in absence of lease agreements , the court certainly fixes market rent and interest also.

Kumar Doab (FIN)     15 July 2018

Tenant is not owner.

Try by offering the current market price (if you want) to the landlord and he/she may agree to sell.

Shashikant V. Patil (Lawyer)     16 July 2018

There is nothing in tenant favour directly or indirectly you can prove that you are a tenant.


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