Can a tenant take possession of the landlord’s property? Know what the law is?

Jyoti — Sat, 17 May 2025 05:50:50 +0000

In all small and big cities of India , people are earning good money by renting out their property. Not only common people but also big celebrities are making a lot of money by renting out their property.

Not only this, many people in the country are doing only rental business. But it is very important for landlords to know about some very important laws before renting out their property. Today we will learn about the Limitation Act 1963, under which a tenant can take possession of the landlord’s property.

What is adverse possession of property

Under the Limitation Act 1963, if the owner of a property fails to claim ownership for 12 years and if the tenant continues to occupy the property for those 12 years, the tenant can potentially claim ownership of the property. This is called adverse possession of the property. A claim of ownership by tenants through adverse possession occurs when the lease expires or when the landlord violates provisions in the rental agreement regarding payment of rent.

What is adverse possession law in India?

If a property owner does not take action to evict the tenant within the 12-year time frame, they risk losing their ownership rights. It is essential that the possession be continuous and the required period may vary depending on the type of ownership.

Government property can also be seized

In India, a tenant can acquire ownership of a property after living there continuously for 12 years. As per the Limitation Act of 1963, the time limit for claiming ownership of private property is 12 years, while for public or government property it is up to 30 years.

The post Can a tenant take possession of the landlord’s property? Know what the law is? first appeared on Rightsofemployees.com.

Tenant’s Rights: Can a tenant claim ownership of the landlord’s property after 10 years?

Pravesh Maurya — Tue, 02 Jan 2024 11:29:40 +0000

Tenant’s Rights: In today’s era, having one’s own home for everyone is like a dream come true. The biggest reason behind this is the continuously increasing property prices. Buying a house is very expensive in cities, hence people are able to buy a house only by taking a loan.

But even today there is a large section of people who are forced to live on rent. At the same time, amidst all this, many such cases come to light, where the landlord asks the tenant to vacate the house. But the tenant refuses to do so and sometimes it is even heard that he has been living in this house for a long time, so now he will not move. So, if a tenant has been living in a house for a long time, can he claim that house as his own? After all, what does the law say about this?

Actually, first of all it is important for you to know that except in certain circumstances, the tenant cannot claim the property of the landlord. For this you will have to know the Limitation Act 1963.
According to the information given in Adverse Possession of Transfer of Property Act, if a tenant has been living on a property for 12 years or more and is in his possession, then he can sell it.
You can understand it in this way that if the tenant has adverse possession of the property, then only he is considered the owner of that house. This can be seen in the Limitation Act 1963, which states that the statutory period of limitation on private immovable property is 12 years and this period starts from the first day of possession.

This is how we can avoid it

Now you must be wondering, what should you do as a landlord in such a situation, then it is important that whenever you give any of your property on rent, you must get a rent agreement made. Actually, this can be proof that you have given your house, shop etc. on rent.

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