Tenant Rights Supreme Court Decision : A property remains safe only when it is under the owner’s direct supervision. These days, tenants do not take much time to occupy a property illegally, and after a certain period, they even start claiming ownership rights over it.
In a case related to tenant possession of property, the Supreme Court of India has delivered an important judgment. The Court has clearly explained after how many years a tenant can legally become the owner of a property. This decision is very important for every property owner to understand.
What Does the Adverse Possession Rule Say?
The Limitation Act contains provisions related to adverse possession. According to this law, if a tenant lives on a property continuously for 12 years without any interference from the owner, the tenant may legally acquire ownership rights over that property. However, the tenant must present strong evidence to support such a claim.
What Did the Supreme Court Say in Its Earlier Judgment?
In 2014, the Supreme Court ruled in a case that a person occupying someone else’s property through adverse possession cannot claim ownership rights. The Court stated that the occupier must vacate the property when asked by the actual owner. However, this earlier view has now been overturned by the Court.
What Does the Limitation Act Say?
Under the Limitation Act, 1963, a person must have uninterrupted possession of private property for 12 years to claim ownership rights. To avoid losing ownership, the property owner must raise a legal objection or file a complaint within these 12 years.
Rights of the Occupier
According to the Supreme Court’s judgment delivered by a three-judge bench, if a tenant remains in continuous possession of land for 12 years and the landlord does not object or take action during this period, the tenant can claim ownership rights over the property. If such an occupier is forcibly evicted after completing 12 years, they have the legal right to file a case.
Ownership Cannot Be Claimed Through These Documents
The Court also clarified that ownership rights cannot be acquired through a Will or a Power of Attorney alone.
Benefits of a Rent Agreement
Before giving a house or property on rent, executing a rent agreement is beneficial for both the tenant and the property owner. An 11-month rent agreement is generally sufficient and can be renewed when required. A valid rent agreement creates a legal break in possession, preventing the tenant from claiming ownership of the property.