is the flat yours, do you have any document to prove it is yours, if yes, make a photocopy of the same and send him a notice to vacate the premises. if he does not then file a case.

1) he does not become owner of the flat

2) he can claim defence of adverse possession as he has been in open , hostile , continuous possession of the flat for period of 12 years

3)Adverse possession is a hostile possession by clearly asserting hostile title in denial of the title of the true owner. It is a well-settled principle that a party claiming adverse possession must prove that his possession is "nec vi, nec clam, nec precario", that is, peaceful, open and continuous. The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period

3) a person who claims adverse possession should show:

(a) on what date he came into possession,

(b) what was the nature of his possession,

(c) whether the factum of possession was known to the other party,

(d) how long his possession has continued, and

(e) his possession was open and undisturbed

Hi, there is no such prescribed law that has been passed .. What he claims to be saying is obnoxious

Dear Client,

This is called theory of adverse possession against actual owner. Long interrupted possession of the land owned by someone else`s may acquires valid title as of owner.

But not against govt. land.

in short he cannot claim ownership rights of flat but if owner files suit to evict him he can take the defence that he is in possession of flat for 12 years

If a person(owner) does not protest someone illegally occupying his/her property for 12 years, then the squatter/illegal occupant would get ownership rights over that property.

In other words, if a person proves actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, doctrine of adverse possession comes into operation and in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it.

Merely because person stays in flat for 12 years does not make him owner of flat

He does not become the owner of the land automatically after 12 years, he can claim the ownership by showing adverse possession.

The rationale for adverse possession rests broadly on the consideration that title to land should not long be in doubt, the society will benefit from some one making use of land the owner leaves idle and that that person who come to regard the occupant as owner may be protected. The maxim that law and equality does not help those who sleep over their rights is invoked in support of prescription of title by adverse possession. In other words, the original title holder who neglected to enforce his right over the land cannot be permitted to re-enter the land after a long passage of time. A situation lasting for a long period creates certain expectations and it would be unjust to disappoint those who trust on them.

Regards

The concept of adverse possession contemplates a hostile possession i.e. The possession which is expressly or impliedly in denial of the title of the true owner to the knowledge of the true owner and claiming the title as an owner in himself by the person claiming to be in adverse possession.

Regards

No its not like this, after 12 years yes a tenant can claim ownership in a way of adverse possession , in this case if he files suit for adverse possession he would have to make landlord a party which is you in this case, and definitely if the landlord would object and show that tenant is only a tenant and show rent receipts nobody can claim your house from you.

Hi,

As per Law, a person claiming adverse possession has to show the following before the Court of Law:

1) The date of possession;

2) The nature of the possession;

3) The possession was known to public;

4) The duration of the possession;

5) The continuity of the possession.

Therefore, if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, a case of adverse possession can be held to the made out of which, in turn results in depriving the true owner of his ownership rights.

Please note, until and unless you protest that someone is illegally occupying your property for 12 years, then the squatter would get ownership rights over the property if he proves the above mentioned five points.

The Limitation Act, 1963, is a key piece of legislation, elaborating on adverse possession. The Act prescribes a period of 12 years for private properties and 30 years for government owned ones within which you have to stake claim on your property. Any delay may lead to disputes in the future.

Hence, its very difficult to say that 'he will legally become owner after 12 years of occupancy'.

I have some query relating to the fact you shared.

So, if you want more suggestions, kindly write to me or contact me.

Thanks,

Bipasha Mukherjee Roy

Advocate

Even if occupancy of a flat for 12 years doesnot give any title to the occupant.

the advocate is blackmailing you by applying thumb rule of his law degree.

file an ejectment suit against that person stating him as trespasser.

if someone within the knowledge of actual owner, resides in his/her house ( not tenant), without any objection for long time, at least for 12 years, may acquire valid title in the property.

There is no sch law anywhere in India declaring an occupant of a house for more than 12 years can be held as legal owner of that property.

This is just a rumour.

The advocate who stays there and claims title is wring and not maintainable in law if the owner brings out a case against him in the court of law.