Case of trespass. No title assume how ever long he stayed as caretaker.
Can caretaker claim ownership of property if he lived there over 20 years
I, as a non-agriculturists acquired a property through Will in Himachal. I let the caretaker, who was already taking care of the property, continue. I was paying his salary, accommodation, utility bills etc. as usual. He was given a separate servant quarters, on the property, to live in, with his family. I trusted him with the house keys to facilitate cleaning and dusting of the house, as I seldom used the house for short vacations. Now I decided to sell the property. Assuming that since he lived there with his family for over 20 years, he can claim the ownership of the property, he entered my Kothi and moved in without my permission. Can his entry be construed as trespassing? He indirectly threatens me with dire consequences if I attempted to enter the property. I had some cash and jewellery in the house. I prefer not to get into litigation as I am NRI and live overseas most of the time. What are my alternatives and recourse without getting into litigation, as I know the legal system is very slow and lengthy in India. I have done some research and found that as per Supreme Court Verdict, "a caretaker, servants cannot claim ownership of property regardless how long he/she has lived there" I would like to have references of such similar cases wherein the judgements were given in the owner's favour.
Asked 5 months ago in Property Law
Religion: Hindu
8 Answers
SUPREME COURT OF INDIA
MARIA MARGARIDA SEQUERIA FERNANDES AND OTHERS
VERSUS
ERASMO JACK DE SEQUERIA(DEAD) THROUGH L.RS.
Civil Appeal No. 2968 of 2012 (Arising out of SLP (C) No. 15382 of 2009)-Decided on [deleted].
Possession by Caretaker, Servant, Watchmen or Gratuitous stay
JUDGEMENT
Dalveer Bhandari, J.-Leave granted.
SC held that No one acquires title to the property if he or she was allowed to stay in the premises gratuitously. Even by long possession of years or decades such person would not acquire any right or interest in the said property. it further held that Caretaker, watchman or servant can never acquire interest in the property irrespective of his long possession. The caretaker or servant has to give (up) possession (of the property) forthwith on demand. Apex Court also laid fresh guidelines that caretakers, watchman or servants do not acquire any title to a property merely because of its possession by them for several years.
Court further observed that Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. which happens because of the enormous delay in adjudication of cases in our courts. If pragmatic approach is adopted, then this problem can be minimised to a large extent.
The apex court passed the ruling while upholding an appeal of Maria Margarida Sequeria Fernandes who was embroiled in a two-decade-long legal battle with her brother and former Member of Parliament Erasmo Jack de Sequeria, whom she had appointed as a caretaker of her property in Goa.
2)
The Courts are not justified in protecting the possession of a caretaker, servant or any person who was allowed to live in the premises for some time either as a friend, relative, caretaker or as a servant.
3) . The protection of the Court can only be granted or extended to the person who has valid, subsisting rent agreement, lease agreement or license agreement in his favour.
4) The caretaker or agent holds property of the principal only on behalf of the principal. He acquires no right or interest whatsoever for himself in such property irrespective of his long stay or possession.
No, he can't. You can dispossess him from the property being the actual owner. A possessor cannot claim ownership if the actual owner exists.
A caretaker is a actually a servant appointed by the owner to take care of the property, hence he cannot become an owner at any point of time for any reason.
If he was given a servant quarters to live, his act of living in the main house can be considered as a criminal trespass too.
The caretaker or servant has to give (up) possession (of the property) forthwith on demand. Apex Court also laid fresh guidelines that caretakers, watchman or servants do not acquire any title to a property merely because of its possession by them for several years.
Case Name : Maria margarida sequeria fernandes and others Vs Erasmo jack de sequeria(dead) through l.rs. (Supreme Court of India) Appeal Number : Civil Appeal No. 2968 of 2012 Date of Judgement/Order : 21/03/2012
is an appropriate case.
But in what manner that this case reference will come to your rescue if you do not escalate the matter legally.
The arrogant and the rogue caretaker who intends to grab your property will not understand the supreme court judgment and neither will vacate the property just because you show him this judgment copy or any other similar judgment to him.
In the given situation you have no option than to approach appropriate legal forum for legal remedy, which will be the proper and permanent solution.
- As per Supreme Court, A caretaker/servant can never acquire interest in the property irrespective of his long possession and the caretaker/servant has to give possession forthwith on demand .
- Hence , the said caretaker cannot claim ownership on the ground of adverse possession.
- You can send him a legal notice to terminate his service of caretaker , and inform him to vacate the property with immediate effect , otherwise you will be constrained to take legal action against him.
- Further , if not vacate the premises then lodge a complaint before the police and higher officials for the offence of trespassing, breach of trust and threatening, if you don't want to file a civil case against him. -
Dear client,
The caretaker's unauthorized entry into your main house can indeed be construed as trespassing. Despite his long-term stay on the property, his rights are limited to his designated quarters, and any entry into the main house without permission is unlawful. For example, in Anathula Sudhakar vs. P. Buchi Reddy (2008) 4 SCC 594, the court ruled that the possession of property by a caretaker, who has no legal title, does not confer ownership rights. File a police complaint for trespassing and illegal occupation. Although you wish to avoid litigation, a police complaint can put pressure on the caretaker. Consider sending a legal notice to the caretaker, demanding that he vacate the main house immediately and return to his quarters. If you really don’t want to enter into litigation, alternative measures include mediation where a third-party mediator can facilitate a discussion where you can outline your terms for him to vacate the property peacefully. Since you are an NRI, involving local authorities might expedite the process. Their intervention could convince the caretaker to vacate the property without further escalation. If you have valuables in the house, ensure they are secure. You might want to remove them at the earliest opportunity if possible. Even if you wish to avoid litigation, having a lawyer in India to guide you through this process is essential and future representation if needed. Should you require any further clarification, please do not hesitate to contact us.
Caretaker cannot claim ownership of property by virtue of adverse possession irrespective of the number of years he lived in that property. The status of caretaker is that of a licensee and licensee cannot dispute the title of his/her licensor as per Bhartiye Sakshya Adhiniyam, 2023. If he has entered into your house, you must file criminal complaint of tresspass to police and also file an application for ex-parte temporary injunction in a civil court.
1. Even after collecting similar references you shall have to go to Court to show the same.
2. He is a caretaken only and can not claim title of the said property.
3. He even can claim adverse possession since you have been paying him salary, utility bills etc.
4. You shall have to first lodge a police complaint against him for his unauthorised trespassing your property and also stealing valuables from the house.
5. Of you do not lodge the police complaint now, your future claim might face questions as to why did you not lodge the police complaint at appropriate time.
6. Thereafter file a petition before the High Court to direct the Police to register FIR and act as per law based on your complaint.
7. When the caretaker has acted illegally, you shall have to take legal recourses.
