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Existence of rule of adverse possession and its validity
21-Sep-2023 (In Property Law)
Hi Respected lawyers, I have recently bought a BDA plot in Bengaluru with a temporary shed house pre-existing which was built from allotee(first owner) 15 years ago in order not to leave the plot empty. Earlier the allotee's relation were staying in the shed house and later was given to my existing tenant 9 years ago. Now, I have bought the plot from second owner to whom allotee sold the plot 10 years ago and the existing tenant were staying here from 9 years paying the rent to the second owner. Hence now I being the owner continuing with the same tenant with Rental agreement made for 11 months from now as a fresh owner. My Query is: Is there any possibilities where my existing tenant staying from around 9 years in the shed house can raise objection to get the rights of being the owner of my plot(I am asking this query in context to unconfirmed information where tenant staying more than 10 years will become the owner of the property, is such law/rule still exists or discarded??)
No it is not possible for him to claim his rights over the property because he is tenant. If the previous owner of the property has taken any paid receipt or any record of the transfer of the rent through the bank and that is the record. According to Transfer of the property act sale deed is the genuine document for the vendee. If you have the registration deed documents and it is the absolute proof of your rights. If you have property mutation document and it will be the genuine proof of your rights. Therefore the existing tenant is not an owner of the property.
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Adv. Gururaj Gopal Rao
Gulbarga | 25+ Answers
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Evict the tenant as soon as possible by intimating them prior or by giving one month time as notice period by stating some reason that you wanted to do the construction on building in an peaceful manner. As rent agreement exists in your name and also in previous owners name so there is nothing to worry about adverse possession. Adverse possession can be claimed on private land with uninterrupted possession for 12 years. Hence, you tell them to vacate let's see how they react and on that basis you can take action.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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