• Adverse possession

We have been living in a rented house for more than 50 years but now we stay at some other location but we have kept hold of our old rented premises and keep paying the rent to the rent controllers office as the landlord has refused to accept rent . Can we claim the ownership of property under adverse possession?
Asked 7 years ago in Civil Law

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4 Answers

adverse possession can only be claimed as defence an against the rightful and a declaration of ownership on basis Of adverse possession is not allowed.

2) The possession and occupation of the property by the trespasser/claimant must be continuous, uninterrupted and unbroken for the entire statutory period of limitation.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

You should always remember the fact that you are a tenant and had been staying in the property as a tenant only so long.

Once a tenant is always a tenant.

There is no provision ni law that just because a tenant is residing in the property for a long time he can claim ownership of the property, if that is the case then all the tenants will become of the owner of the property.

Then the original owners will be losing their rights.

Dont be misguided by the words of rumour mongers.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. A tenant is always a tenant.

2.A tenant can never dispute the title of the landlord nor can claim right of adverse possession.

3. So as long as you are not evicted by decree of court enjoy the proeprty.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You are occupying the house as a tenant and paying rent for the said tenancy to the rent controller.

2. Your tenancy is established by your own admission and act.

3. Moreover, you are not staying there,

4. No right of adverse possession can be established on the said rented property in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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