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

In India, a tenant does not automatically acquire ownership rights over a property, even after 10, 20, or more years of tenancy, regardless of whether a formal agreement exists. Long-term tenancy may provide certain protections, such as security against arbitrary eviction and limitations on rent hikes, but the tenant legally remains just that a tenant. Ownership can only be claimed through the rare and strict legal doctrine of adverse possession, which requires continuous, open, and hostile possession of the property for at least 12 years without the owner?s permission and meeting other stringent legal conditions. Even then, courts closely scrutinize such claims, making them difficult to establish.

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.