Hello I am looking for some advice on filing a case. Background: Religion - Hindu My cousin Grandfather was tenant in shop and he is Still alive but very old. My father and 2 uncles took the tenancy rights orally by giving some fixed amount of money during 1999. Actual owner of property died and he their legal heir have dispute and one of the legal heir raised case after 20 years. My father had a possession of shop and also running the shop since 20 years. He also pay electricity/property/Welfare association bills., all Renovation works, property tax. No rent has been demanded and no owner legal heir come to collect as tittle is disputed. My father died in 2020 which left the shop to me and my mother. Now after one of the legal heir filled a case asking to vacate the shop and asking for rent. And my cousin grandfather got to know and now he also started claiming his tenancy and we are also not in a alking terms. Please advice on way forward on this? Query: 1. Can I file a case in the court to get me ownership of the property based on adverse possession as we have possession for over 12 years? a. What will be the process to do this? b. What are the risks of doing this, as I don't want to lose the property. c. Does adverse possession of father pass to my Mother and Me? 2. If i cannot claim under adverse possession what will be the course of law for it. 3. What my cousin grandfather do and can he claim the possession of shop. Thanks for your advice
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A tenant is a tenant and cannot become owner of the rented property.
You can file a suit for injunction against them to not to evict you forcibly other than by due process of law.
You can plead that you are ready to the monthly rental amount to the identified owner.
If your cousin grandfather is the original tenant then he may also come into the picture making his claim separately
1. & 2. NO. A tenant shall always remain tenant and in case of tenancy principle of adverse possession does not apply. So neither you, nor your father neither your grandfather are entitled to claim adverse possession. If tenancy is not terminated then you and your mother and other can claim tenancy right only.
3. cousin grandfather is class-2 legal heir so he cannot claim tenancy tight.
Once a tenant always a tenant
2) tenant cannot claim adverse possession against the owner
3) cousin grand father can take the plea that he is tenant of the shop for over 20 years
4) you can contest the eviction proceedings
5) if your father has not claimed tenancy rights on father demise you can take the plea of adverse possession that you and your family are in open ,hostile possession for over 12 years
Small correction my father and me dont have tenancy agreement we took the possession of shop from our cousin grandfather who is real tananet and pay some lump-sum amount, all this happen orally there Hello I am looking for some advice on filing a case. Background: Religion - Hindu My Grandfather had a shop. He died 1988 without a will. Grandfather had 11 children 8 male and 3 female. Original paperwork of the property is not known and all 11 claim they are lost. My father had the possession of the shop since 1988 as he was running it. He closed the shop in 2003 as he wanted to retire. Property is closed since then. We have carried out repair and construction. We also pay electricity/property/Welfare association bills. My father died in 2016 which left the shop to me and my mother. None of my father's siblings are in talking terms, some have moved abroad and some have died. No negotiation is possible as there are too many parties involved now. No legal case has been filed by any sibling for the property. Please advice on way forward on this? Query: 1. Can I file a case in the court to get me ownership of the property based on adverse possession as we have possession for over 12 years? a. What will be the process to do this? b. What are the risks of doing this, as I don't want to lose the property. c. Does adverse possession of father pass to my Mother and Me? 2. If i cannot claim under adverse possession what will be the course of law for it. Thanks for your advice Just an correction my father and me dont have any tenancy agreement, we took the possession of shop from cousin grandfather by paying lump-sum amount, there is no written documents, since we dont know who is the real and legal owners that time and even today we got to know that there is dispute going on between legal heirs of shop and one of the heir sent notice as mentioned
Your father was one of legal heirs of deceased grand father
your father had one eleventh share in property
3) you cannot claim adverse possession against family members as possession of one is regarded as possession of all
4) better settle with other legal heirs
5) on father demise his share devolved on your mother and you
in given circumstances you are not the tenant in respect of shop. it is your cousin grandfather who is real tenant si tenancy right shall devolve to him and his children and wife. You are not class -1 legal heir of cousin grandfather.
- 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
- But, the tenancy can be passed to you after the death of father
- However, as the said property came to you from cousin grandfather after making payment , and other side there is no proof of tenancy /agreement , then you can file a suit for adverse possession before the court for declaring owner of the property
- You will have to arrange the proofs of occupation in that property for the period of at least 12 years.
Yes but adverse possession is a complicated ground need to look for many factors
you need to file a suit
Dear client, in recent judgment supreme court reiterated that a tenant cannot claim adverse possession against the landlord.
And as your cousin's grandfather is the original tenant the tenancy rights will go to his legal heirs and he can claim his possession.
If they are forcibly evicting you, then you can file an injunction suit in the court.
The Supreme Court observed that tenants cannot claim claim adverse possession against their landlords, since their possession is permissive in nature.
However, under the Limitation Act 1963, a tenant can potentially assert ownership of a house if the property owner fails to assert their ownership for 12 years and if the tenant continues to occupy the property for those 12 years. This is referred to as adverse possession of property. Ownership claims by tenants through adverse possession occur when the lease expires or when the landlord breaches clauses in the rental agreement regarding rent payment.
Now on the basis of your continuous occupation of the property by your father and on that basis you have inheritance rights for tenancy, you can continue to occupy the property, your cousin grandfather, if not having any rental agreement and the original owner is reported to be missing, then the proposed case by your cousin grandfather also may not be maintainable.
However it is not advisable that you file a suit for claiming title operating the law of adverse possession since one of the legal heirs of the original owner has already issued a legal notice to you to vacate the premises.
Yes you can surely file a civil suit seeking declaration of title of the property in dispute in your name by establishing adverse possession.
Hi,
I deal specifically in Property issues.
I have written an Article on the same long back.
In this kind of cases it is important to look at the documents first and I, can primarily say there are good chances of getting your ownership.
I suggest you to connect with me to discuss this issue in detail.
