When can a tenant become the owner of a rented property
12-Feb-2023 (In Landlord/Tenant Law)
A tenant can become the owner of the rented premises through a process known as adverse possession.
Adverse possession is recognized under the Limitation Act, 1963 in India. The law of adverse possession in India is governed by this Act, which lays down the conditions and requirements for claiming title to a property through adverse possession.
Under the Limitation Act, in order to claim title to a property through adverse possession, the person claiming adverse possession must have been in continuous possession of the property for a period of at least 12 years (in case of private property) or 30 years (in case of government-owned property).
The possession must be open, notorious, exclusive, hostile to the title of the original owner, and must continue uninterrupted for the prescribed period. This means that the person claiming adverse possession must occupy the property without any permission or acknowledgment from the original owner and must do so openly, without any attempts to conceal their possession.
It is important to note that adverse possession is not automatic and the person claiming adverse possession must initiate legal proceedings to establish their claim of title to the property. The burden of proof lies with the person claiming adverse possession to prove that they have met all the conditions required under the law.
Furthermore, adverse possession does not apply to all types of properties, and there may be additional requirements depending on the type of property involved.
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