Adverse Possession: If you have given a house, shop or land on rent and have not paid attention to some important things after giving it on rent, then you may have to lose the property. Now recently the Supreme Court has given a new verdict overturning the 2014 decision. Let us know about it in detail.
House rent is a permanent income. That is why people invest in property. They buy houses, shops, lands. After buying, they rent them out. Many times the owners do not take care of their rented properties. They go abroad. Or while living in the country, they remain busy with their work only.
They are only concerned about the rent which reaches their bank account every month. But while giving the property on rent and even after giving it on rent, the owner should keep some things in mind, otherwise he may have to lose the property!
There are some rules regarding property in our country where after living continuously for 12 years, the tenant can claim possession of that property. However, there are some conditions for this. It is not that easy. But your property will come into dispute.
When can a tenant claim possession of the property?
There is a law made by the British – Adverse Possession. In English it is called Adverse Possession. According to this, after living continuously for 12 years, the tenant can claim possession of that property.
But there are some conditions for this. Like- the landlord should not have ever stopped the possession in the period of 12 years. That is, the tenant should have been in continuous possession of the property. There should not be any break. The tenant can present things like property deed, water bill, electricity bill etc. as proof.
The Supreme Court has also given its verdict on this issue. The Supreme Court has given a historic verdict in the land dispute and said that whoever has possession of the land for 12 years will be considered the owner of the land.
The Supreme Court bench has said that if no one claims ownership of the land for 12 years, then the person who has occupied the land will be considered its owner. However, this decision of the Supreme Court is related to private land. This decision will not be applicable on government land.
The court overturned the decision given in 2014
The Supreme Court overturned its own decision given in 2014 regarding land. The bench of Justice Arun Mishra, Justice S Abdul Nazir and Justice MR Shah overturned the 2014 decision and said that if no one claims any land and the tenant has been living on that land continuously for 12 years, then he will become the owner of that land.
Let us tell you, in the year 2014, the court had said that a person with adverse possession cannot claim possession of the land.
Along with this, the court had also said that if the owner of the land wants to take back the land from the occupant, then the occupant will have to return that land. While
giving the verdict related to land possession, the Supreme Court said that Indian law gives a person the right to claim his right on a land for 12 years. If any land is disputed, then the person can file a case within 12 years claiming his right on it and can get it back from the court.
Let us tell you that under the Limitation Act, 1963, the time limit for claiming ownership of private property is 12 years, while this limit is 30 years for government land. Complaints of forcible occupation must be made within 12 years.
The Supreme Court clarified in its decision that if the possession of the land remains intact for 12 years and the owner does not raise any objection, then the property will belong to the person who has occupied it. If the occupant is forcibly evicted from the property, then he can file a case within 12 years and protect his interests. You cannot become the owner of any property only with a will or power of attorney.
To avoid such a situation, the owner should keep these things in mind
For example, while renting out your house, get a rent agreement made for 11 months only. However, it can be renewed after 11 months. The advantage of this will be that there will be a break. If there is a break, the tenant will not be able to claim possession.
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