Tenant Rights : Supreme Court’s Bid Decision, In this many years the tenant will become the owner of the property.
Tenant Rights Supreme Court Decision : A property remains safe only when it is under the direct supervision of its owner. Nowadays, tenants do not take long to occupy a property illegally, and after some time, they even start claiming ownership rights over it. Such cases related to property possession have been increasing rapidly.
In a significant case related to a tenant’s possession of property, the Supreme Court has delivered an important judgment. The Court has clearly explained after how many years a tenant can legally claim ownership of a property. This decision of the apex court is very important for every property owner to know.
Tenant Rights : What Does the Adverse Possession Rule Say?
The Limitation Act provides provisions related to adverse possession. According to it, if a tenant lives in a property continuously for 12 years without any interference from the owner, the tenant may legally claim ownership rights over that property. However, to succeed in such a claim, the tenant must present strong and valid evidence in court.
What the Supreme Court Said in an Earlier Judgment
In 2014, the Supreme Court, in one of its judgments, stated that a person occupying a property through adverse possession cannot claim ownership rights over it. The Court had held that such a person must vacate the property when asked by the real owner. However, this position has now been reconsidered and reversed by the Court in its latest ruling.
Provisions Under the Limitation Act
As per the Limitation Act, 1963, to claim ownership rights over private property, uninterrupted possession for 12 years is mandatory. To prevent losing ownership, the property owner must file a complaint or take legal action within these 12 years. If the owner fails to do so, their legal claim over the property may weaken.
Rights of the Occupant (Tenant)
According to the Supreme Court’s decision delivered by a three-judge bench, if a tenant remains in continuous possession of a property for 12 years and the landlord neither objects nor takes any action, the tenant can claim ownership rights over that property. In such a case, the tenant can legally assert ownership. If the occupant is forcibly evicted afterward, they also have the right to file a legal case.
Ownership Cannot Be Acquired Through These Documents
The Supreme Court has also clarified that ownership rights over a property cannot be acquired merely through a Will or a Power of Attorney. These documents alone do not grant legal ownership.
Benefits of a Rent Agreement
Before renting out a house or property, it is beneficial for both the tenant and the property owner to execute a proper rent agreement. An 11-month rent agreement is usually sufficient and can be renewed when required. A valid rent agreement creates a legal break in possession and prevents tenants from claiming ownership rights over the property through adverse possession.