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When can a tenant become the owner of a rented property


12-Feb-2023 (In Landlord/Tenant Law)
Hi, My grandfather took a house on pagdi system in 1975, he passed away and then it was never transferred by the landlord to us. We have been living there since. The landlord recently passed away and we have asked their relatives to find out who legally owns the building and they are in dispute about the property. we have not been notified and it has been 2 years and we are not sure if we should continue to make payments to that account or where the payment of rent will be made. As we only have the account number of the landlord. We have been told once the dispute is resolved they plan to make us vacate the house which will be an issue as that is the only house we have. I apologize for the background but have some questions Do we continue to make payments to the landlord account even if she has passed away as it is still open? How many years do we have to stay to ensure that the house will become ours? can a tenant claim ownership after 12 years of stay in india? If there is such a law
Answers (3)

Answer #1
68 votes

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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Answer #2
902 votes
The tenant in the given situation can NEVER claim ownership. There is nothing to worry. The law is settled : ONCE A TENANT, ALWAYS A TENANT. In no situation, a tenant can claim ownership so long as you are receiving rent. If he stop paying rent, you should immediately file an eviction petition.
Answer #3
162 votes
What are the rights of tenants after 10 years? According to the law of Adverse Possession, if a tenant has lived in a property for 12 consecutive years without interruption by the owner, he is entitled to ownership. This means they can sell it.
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