Wondering “Can a tenant claim adverse possession?” In the context of adverse possession, tenants face limitations.
Can Tenant Claim Adverse Possession in India?
Here’s what you need to know:
Permission Matters: Adverse possession requires possession without permission. Since tenants have the landlord’s consent to occupy the property, they cannot claim adverse possession.
Lease and Color of Title: Having a lease is considered anti-color of title. In other words, a lease explicitly disavows any claim to the landlord’s title. Tenants are estopped from asserting adverse possession.
Complexity and Exceptions: While a tenant can potentially claim adverse possession if they’ve been in exclusive, open, and continuous possession without the landlord’s permission, this area of law is complex. Specific circumstances matter, and it’s not a straightforward process.
I hope this helps you with can a renter claim adverse possession.
Understand Tenant Rights Via Expert Advocates at NoBroker Legal ServicesRead More:
What is adverse possession?
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The broad answer to your question ‘can tenant become owner in India’ is NO.
The concept of adverse possession is quite unclear to many people in India. To clarify adverse possession by tenants, you must first understand what is adverse possession according to Indian law. I will let you know about it and I will also expand on can a tenant claim adverse possession or not.
What is adverse possession?When someone acquires legal rights to the possession of movable property or immovable property after a continuous period of 12 years, then they can claim adverse possession. The possession can be claimed only if the physical occupancy is proved without intrusion for the specified period.
Can a tenant claim adverse possession?Generally tenants cannot claim adverse possession if they are under lease or agreement. When all the terms and conditions are being met as per the agreement then a tenant will remain a tenant. However, if the lease expires and the owner has defaulted on particulars mentioned in the agreement for over 12 years then only can a tenant put a claim for adverse possession. It should be noted that if the tenant pays rent after the termination of lease to the owner then they can’t claim adverse possession.
Need help understanding property documents? Want to conduct due diligence of property? Check NoBroker legal services Read more: What is adverse possession? How to prove adverse possession in India?I hope this clarifies can tenant become owner in India or not.
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Authors Of The Question
Can tenant claim adverse possession?
Cynthia
1852 Views
2 Answers
2 Year
2022-03-11T12:52:54+00:00 2022-03-14T11:22:16+00:00Comment
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