• Claiming adverse possession in property in Mumbai

We r staying in a property in mumbai which was a open plot since 1975.the area is 3500 square feet. the landlord made tenant agreement without mentioning the lease period in it. Till wen agreement getting over or which year ending never mentioned. The agreement does not have stamp paper, both parties only signature is there. Not even once he came to collect rent. The rent was never asked he also never showed up. It was a khadi land or pond type with dirty water on that land. We put about 150 trucks of sand to level it. We made houses there planted trees put fencing and compound wall now. Till now we r on possession without any trouble. . The landlord passed away. His son became the owner. He sold the property to someone else in 2016.the new owners have sent a trespasser suit in civil court against us in April 2017. The new owners r after the property now. Now how to we defend our land or claim it. Can we claim adverse possession of that property. Or we have to fight as tenants or lease tenancy. Thanks Ravi
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

1)you should claim adverse possession as defence

2) you have been in possession of property for over 40 years

3) the owner never bothered to collect any rent nor sought to evict you from possession for 40 years

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

A tenant is a tenant till the end.

A tenant cannot claim the property rights by adverse possession.

A tenant can claim tenancy rights as per tenancy protection act.

You can fight it out on the basis of the tenancy agreement you had entered into with the previous owner.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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