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Can tenant claim share in house if residing for over 10 years


05-Apr-2024 (In Property Law)
I am residing in a friends flat for last 12 years , without rent agreement as a tenant. Can I clain share in property as part of tenant rights?
Answers (1)

Answer #1
183 votes

Yes, you have the right to claim your share of the rooms on that property as you have occupied the rooms for more than 10 years without a rent agreement. However, if there exists a rent agreement, it will not be an adverse possession and you cannot claim a share of the property. According to the Limitation Act, 1963, you can claim ownership after 12 years for private property and 30 years for government property from when you started using it without permission. However, in some situations like ongoing court cases or if the owner is unable to make decisions because of unsound mind, being in the armed forces or being a minor, this time limit doesn't apply. If you are acquiring the property by adverse possession then you should be occupying the property in continuity for the whole statutory period of limitation. 

To learn more or research for your own knowledge before approaching legal counsel, read this article on on Limitation Act, 1963. To learn how to precisely go about claiming your share, contact a lawyer on LawRato in your own city.

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