• Rental property, can tenant staying for long own the rented property

Hi, If a tenant staying for 10 yrs or more, can he claim ownership to the rented property. I sign a 11 month agreement and on expiry on 11th month, get into a new agreement again for 11 months.

I would like to safeguard my property and if required can ask tenant to vacate, if our law allows tenant to claim ownership to my flat. Also can doing alterations to the flat without intimating landlord give him any ownership rights under law. 
Please suggest with clear rule number, how many years is considered long for tenant and section number.

Best Regards,
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

NO.

Once a tenant always a tenant. No right in ownership ever.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22961 Answers
31 Consultations

1. Just because a tenant stays for 10 years automatically does not entitle him to claim ownership of the property.

2.  If a person takes over the property by squatting in the property for 12 years in continuous undisturbed possession may claim for adverse possession.

3.  In the instant case, you have been executing a 11 month agreement and you will be entering into fresh agreement after a lapse of 11 months. You need not worry.

Shashidhar S. Sastry
Advocate, Bangalore
5340 Answers
329 Consultations

1. A tenant by law of estoppel and rule of evidence is stopped from disputing the title of the landlord.

2. in other words a tenant is always a tenant , eve after hundred of years.

3. So at the time of giving a premises on rent do make a rent agreement with fixed tenure with option of renewal purely to your discretion. 

4. Though period is not an important issue but it is prudent not to give rent for more than few years at a stretch. 

Devajyoti Barman
Advocate, Kolkata
23151 Answers
509 Consultations

Once a tenant always a tenant 

 

2) tenant cannot claim ownership rights on property 

 

3) mere carrying out alterations does not give ownership rights to property 

Ajay Sethi
Advocate, Mumbai
96561 Answers
7784 Consultations

A tenant does never own title by possession for long time how long it may be for example say for 50 years.  

However a rent agreement for a sufficiently long time is not desirable due to fact that there may  some wrong be happened with agreement copy say it misplaced or destroyed accidentally, in which case it may pose some problems to prove its execution. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. IF the L&L Agreement is duly Stamp Duty paid and Registered for any period of time, THEN Tenant derives no legal right to claim any type of ownership and even if the Tenant takes the matter to court then under no circumstances the Court shall grant him ownership rights.

2. IF no agreement is made and landlord allows with or without knowledge, such tenant to continue in property possession with or without rent, THEN Tenant, after 12 continuous year of property possession, can claim right of "Adverse Possession"  BUT still CANNOT claim Ownership rights under any circumstances.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No, Tenant cannot claim ownership even if he is staying in the premises for 10 years also.

No, carrying out alterations also will not give ownership to the tenant.

Best option is you get the rental agreement registered.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

The rule is known as "ADVERSE POSSESSION".

If any person, In India, holds any private property for more than 12 years  and public property more than 30 years may claim ownership of the property by adverse possession rule. 

Pl ask your tenant to leave the house and terminate his license this time to save your property. 

Pl see another tenant for your property and change every 5 year.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

It depends under what agreement they stay a property can't be automatically converted into tenanted property by staying there for no of years only

Prashant Nayak
Advocate, Mumbai
32342 Answers
195 Consultations

Once a tenant always a tenant. A tenant cannot claim ownership of a property unless and until there is transfer of property by the owner in favour of the tenant.

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

- As per Supreme court Judgement, provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property.  The prescribed period in case of for government-owned properties is 30 years.

- However, As per law, a tenant cannot claim an ownership right on the ground of adverse possession, even the tenant is living into the tenanted premises since long period. 

- If the property is unclaimed for long period and all the alteration into the same is done by the person , who occupied the premises , then that person can claim ownership , but if there is an agreement between the landlord and tenant , and further the tenant has paid rent , then on the long period and alteration , he cannot claim ownership. 

Mohammed Shahzad
Advocate, Delhi
14316 Answers
219 Consultations

Remember that once  a tenant is a tenant always..

He cannot claim ownership title for any reason. 

Since you are renewing the rental agreement periodically you need not worry about it. 

In case you feel insecure about it then you may terminate the agreement without renewing it any further and instruct the tenant to vacate the premises and deliver vacant possession. 

If he fails to comply then you can file an eviction suit to get him evicted legally  through court. 

T Kalaiselvan
Advocate, Vellore
86760 Answers
2318 Consultations

There is nothing in the rule that vests the tenant with ownership rights.

Tenant not vacating the property is another thing, but in any which way the tenant will not become the owner.

 

Nirmit Srivastav
Advocate, Lucknow
60 Answers

No, tenant cannot claim ownership 

He need to take permissions for alterations. 

Ask him to vacate.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If you want to give your property for rent for a longer it is always good to make lease agreement a longer period and get it registered registrar and payment of stamp duty to avoid any such dispute in future relating to the property it is seen that to avoid the stamp duty for the registration of the agreement people used to make rental agreement for 11 months and they get it renewed which can in future create the property dispute and will take lot of time in the court to get the property market soul in your face if you wish to give this property for a longer time period you have to make agreement addressing terms and conditions properly including the exit clause and get it registered and pay stamp duty according to the rent for the period the properties being leased

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

1. Tenant does not become the owner during subsistence of tenancy irrespective of duration of tenancy.

2. If tenant does not vacate then you have to file a petition for his eviction.

3. Alterations can be done unilaterally by the tenant only to the extent permitted by the rent agreement. For all other alterations he must seek the prior permission from landlord. Carrying out alterations without the consent of landlord is a ground to seek eviction of tenant.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

No there is no such rights if you are using the 11 months Leave and License Agreement process in the documents and those rules and laws applicable.

 

If you are using the wording in the agreement as "Rent Agreement" and Tenant and Landlord or Owner inside of Licensees and Licensor Plus for Rent the wording should be License fee.

 

Kindly check your All past agreement and do registered your 11 months agreement with state government sub registrar office.

 

If the Rent, Tenant word are used in the agreement than they can claim rights as long life tenant in your property.

Ganesh Kadam
Advocate, Pune
12965 Answers
260 Consultations

1. Tennant has no right on the ownership of the property. In case you are making an agreement of leave and license every time tenant cannot claim any right. 

2. If tenant make any alternations firstly it gives no ownership rights secondly owner may serve him legal notice for eviction if alterations are made without due permission.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

There is no such legal provision which enables tenant's to acquire the property just because they have been tenant for a very long period. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

A. Don't worry, Tenant cannot claim ownership over rented property under the lease or rent agreement. Law of adverse possession (12 year continuous possession)  rules does not applicable to your case i.e lease or rented properties.

B. In order to safe your property is concerned, you need to pay tax time to time and get updated encumbrance certificate and pay sufficient stamp duty on lease or rent agreement. You need to register the rent or lease agreement if the terms of agreement exceeds more than 11 months. And inspect property time to time. Renew the rental agreement on 11 months basis on fresh stamp paper with sufficient stamp duty and receive rent through net banking.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

Dear Sir,

Please be informed that Once Tenant always Tenant. This the rule of law. He cannot become owner of the property. Please know the principles of adverse possession. Please discuss for clarity.

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ADVERSE POSSESSION

In other words, whether Article 65 of the Act only enables a person to set up a plea of adverse possession as a shield as a defendant and such a plea cannot be used as a sword by a plaintiff to protect the possession of immovable property or to recover it in case of dispossession

Plea Of Adverse Possession – A Shield As Well As A Sword, Clarifies Supreme Court

 

If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.

 

A bench of Justices R K Agrawal and A M Sapre said 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 be made out which, 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”.

 

However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.

This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.

 

Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6174 Answers
490 Consultations

1. No tenant cannot claim ownership of property if you are executing 11 months agreement with thay tenant but make sure to keep a gap of one or two months between two agreements. 

2. Doctrine of adverse possession will apply if tenant is living in the property for minimum 12 years without any interruption and interference from owner and not even paying rent of the premises in your case it will not apply because tenant is paying rent and you have agreement with him. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Even if a tenant lives for many years h3 cannot claim ownership. He will always remain a tenant. Although he may refuse to leave but he can be evicted by the landlord. Make a good agreement that is favourable to the landlord. Registration should be done.

Rahul Mishra
Advocate, Lucknow
14102 Answers
65 Consultations

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