Property possession: People generally believe that investing in property is completely safe and it is a risk-free investment option. But there are some provisions in the Indian legal system that challenge this belief. There is a special provision in the law under which a tenant can also become the owner of the house under certain circumstances. This rule is unknown to most property owners and not knowing about it can become a serious problem for them. Therefore, it is very important for every property owner to understand this legal provision.
Important rule of 12 years
According to Indian law, a tenant can acquire ownership of a property if he maintains uninterrupted possession for 12 years. This time limit starts when the tenant is in continuous possession of the property and there is no objection or interference from the original owner. During this 12-year period, if the property owner has not taken any legal action to evict the tenant, then the tenant can legally acquire ownership of the property. This rule applies only in situations where the tenant’s possession has been continuous and uninterrupted.
Legal basis of adverse possession
Section 65 of the Limitation Act 1963 clearly states adverse possession which governs this situation. According to this legal section, if a person maintains uninterrupted possession of a property for 12 years, he can establish his ownership over that property. However, for this, the tenant has to prove that his possession was genuine and he has maintained the property. Electricity bills, water bills, and other utility bills have to be produced as proof of this. This legal provision has been made to encourage genuine use and maintenance of the property.
Necessary precautions for property safety
There are several important steps that property owners must take to protect their property from adverse possession. First and foremost, get a detailed and legally valid rental agreement prepared whenever you rent out a property. This agreement should clearly state the rental period, rent amount, renewal terms, and agreement termination conditions. Inspect the property at regular intervals and maintain contact with the tenant. Initiate legal action immediately if the tenant is not paying the rent or violating the terms of the agreement.
Preservation of important documents
It is very important to keep all the documents related to the property safe as these documents help in proving your ownership. Keep the original property papers, registration documents, tax payment receipts, and all rent agreements in a safe place. If the property papers are lost, it becomes even easier for the tenant to take possession of the property. So keep photocopies of all the documents in a separate place and if possible, prepare digital copies as well. Pay property taxes regularly and keep the receipts safe as these are important proofs of your ownership.
Status of legal claim by the tenant
If the tenant refuses to vacate the property after the completion of the 12-year period, he can file a claim in the court under the law of adverse possession. In such a situation, the tenant has to prove that his possession was continuous, peaceful, and with the knowledge of the owner. He also has to show that he has used the property like an owner and paid all the utility bills. If the court feels that the tenant’s claim is valid then he can become the legal owner of the property. Therefore, property owners should always be vigilant and regularly monitor their property to avoid this situation.
Preventive measures and tips
To avoid adverse possession, property owners should adopt some important preventive measures. Always make a rent agreement for a limited period and write clear terms of renewal in it. Keep increasing the rent at regular intervals and give written notice of it. Renew the rent agreement every year and clearly declare the cancellation of the old agreement. Inspect the property regularly and treat the tenant as an owner. If the tenant makes any unauthorized construction or alteration, immediately oppose it and give a written notice. With all these measures, you can protect your property from the risk of adverse possession.
Disclaimer
This article is written for general information purposes only. Consult a qualified lawyer before making any decision in any legal matter. Property law is a complex subject and can vary according to individual circumstances. Always seek professional legal help for legal advice.
