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Can we legally own the property?
13-Mar-2025 (In Landlord/Tenant Law)
Sir, my father had taken a shop on rent almost 40 to 45 years ago. The shop is in Delhi and the owner lived in some other state. My father had taken the shop from the owner and he never came back nor did his son come. The owner had a son-in-law who used to come sometimes and take the rent, but now he also does not come. It has been more than 11 years, he never came, nor did he call. We haven't paid rent for 11 years and we have no contact with him. Can we legally become the owners of this shop?
Dear sir,
Under the doctrine of adverse possession, if a tenant or occupant has been in continuous, uninterrupted, and hostile possession of a property for 12+ years without rent payment or objection from the owner, they may claim ownership.
However, adverse possession is complex and depends on court interpretation, requiring clear proof of exclusive possession and intent to claim ownership against the landlord’s rights.
For further discussion, you may contact me.
Best Regards
Adv Adarsh Kumar
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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