tenant is always a tenant
2) he cannot claim adverse possession
3) ask tenant to vacate the premises
4) then enter into fresh leave and licence with tenant after gap of 15 days or so
5) agreement should be stamped and regd
Adverse possession
Mrs A owns an independent house in chennai for the last 15 years and she has settled the same on her daughters name., Mrs B., three years ago. There is a tenant in the house for the last 10 years, 7 years under Mrs A ownership and 3 years under Mrs B ownership. The tenant is good and has been paying rent regularly. If the tenant stays for 12 years can he claim adverse possession of the property? What should be done to avoid legal complications if decision is taken to continue with the same tenant? Kindly advise. Thanks and regards.
Asked 7 years ago in Property Law
Religion: Hindu
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9 Answers
The tenant can never claim adverse title on the tenanted proeprty.
The rule is - once a tenant always a tenant.
So the tenant continues to be tenant irrespective of duration of tenancy.
However the landlord can claim the tenanted property by way of suit for eviction if the landlord wants the same for his own use.
So decide accordingly.
He can claim adverse possession only and only if despite the expiry of the contract i.e the lease deed the landlord does not adopt her legal remedies to evict the tenant. Failure to institute the lawsuit for eviction will vest the tenant with the defence of adverse possession.
The owner has an agreement on a non judicial stamp paper for 11 months which has been renewed after every eleven months for the last ten years. does this agreement of 11months also need to be registered.it is presumed that eleven month agreement does not need registration. Pls note that the house is in chennai. Does the law hold same everywhere? Kindly advise
Asked 7 years ago
In Maharashtra leave and license for even 11 months required to be registered
2) it is always advisable to register leave and licence agreement t
The tenant is good and has been paying rent regularly.
If the tenant stays for 12 years can he claim adverse possession of the property?
Once a tenant is always a tenant, he cannot claim the proerty under the law of adverse possession.
The owner has an agreement on a non judicial stamp paper for 11 months which has been renewed after every eleven months for the last ten years. does this agreement of 11months also need to be registered.it is presumed that eleven month agreement does not need registration. Pls note that the house is in chennai. Does the law hold same everywhere? Kindly advise
The 11 months rental agreement need not be registered even if it is being continuously renewed after expiration of each tenure.
A. Tenant is always Tenant, he cannot claim any right over adverse possession.
B. You can renewal the Rent Agreement after 11 month which is need not be registered in the eyes of law.
C. You can also recommend new fresh leave and license agreement to complete your task.
A. Rental Agreement' for 11 month need not be registered in your state but it must have sufficient stamp duty.
B. More than 11 month duration rental agreement's registration is mandatory in the eyes of law.
The rent agreement does not require mandatory registration unless the duration of it is 12 months. An 11 month agreement is executed with the object of avoiding the registration.