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Yes and No. This is a question of permissible possession and adverse possession. Permissive possession means when the property is permitted to be given to you, i.e., the owners allows you to take the possession for an indefinite period of time. The usual landlord tenant agreements are permissive possession, hence even after 12 years if the landlord wants the tenant to move, he has all the rights to do so.
Adverse possession happens when a person occupies a property by unsolicited means. In simple terms, if a tenant continues to occupy a unit for 12 years without any interruption from the owner, they get owner status for the property.
Confusion occurs because of the Limitation Act, 1963 which gives possession to tenant after 12 years of uninterrupted possession. However, if the landlord has all the documents of the property or has interrupted the tenant's possession through a police complaint, or a fight that was witnessed by other people as well, the tenant cannot take hold of the property.
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Adverse possession requires a bunch of documents for proof as well-
Property deed or title, along with the survey number and details of the location
Tax receipts: The property tax receipts for the duration of the adverse possession, which proves that the possessor has been paying taxes and has been in possession of the property.
Utility bills: The utility bills like electricity, water, and gas bills
Affidavits from witnesses: Affidavits from neighbours and witnesses who have seen the possessor in exclusive possession of the property for the statutory period can be used to prove adverse possession.
Other relevant documents: Any other documents that establish the continuous, exclusive, and peaceful possession of the property by the possessor can be used as evidence to prove adverse possession.
So if you are worried that your tenant might take over your property after 12 years if you continue renting it to the, rest assured it is not going to happen.
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FAQs
FAQ 1: Can a tenant claim ownership of a rented property after 12 years?
Answer: No, a tenant cannot claim ownership based on tenancy alone. Ownership claims require adverse possession, which has specific legal requirements.
FAQ 2: What should landlords do to prevent adverse possession claims?
Answer: Regularly update tenancy agreements, maintain proof of rent payments, and ensure tenants do not make unauthorized alterations. Refer to the Transfer of Property Act, 1882.
References:
Written by Arshita Anand
Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset
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Further Reading
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