Will the tenant become a house after being on rent for 20 years? Know the important decision of the Supreme Court

New Delhi: There is often confusion over the rights between the landlord and the tenants. A common question that arises in the minds of people is whether for a long time, such as 20 years, stays as a tenant in a property as a tenant owe the tenant on that property? The Supreme Court has clarified the situation in one of its important decisions on this important subject, which has explained the rights of both landlords and tenants.

What does the law of adverse occupation say?

Indeed, there is a legal provision regarding the possession of the property called “Adverse Possession”. It comes under the Transfer of Property Act. According to this rule, if a person is holding a private immovable property for 12 years continuously or for 30 years on government real estate, then he can claim ownership of that property. This period is believed to start from the day of possession. The law can pronounce a decision in favor of a person who has occupied real estate for more than 12 years.

Supreme Court’s important comment

The Supreme Court has made important remarks on the subject while hearing a case under the Limitation Act 1963. The court has clarified that any tenant or only occupiers have no right to the property of the landlord. However, the rule of adverse occupation presents an exception. If a person occupies an adverse possession of a property for 12 years, he can get authority over the property and he can also get the legal right to sell it.

What is the situation in the case of tenants?

The most important thing is that if a person is living in a property as a tenant and his rent agreement (Karyaanama) with the landlord, the tenant cannot claim ownership of that property, no matter how long he has been there. If the landlord continues to renew the rent agreement from time to time, then his property remains safe. The rent agreement proves that the tenant is living there with the permission of the landlord and is not “unfavorable”.

Caution for landlords

It is clear from the decisions and legal provisions of the Supreme Court that landlords need to be vigilant. While giving your property to stay, the following things should be kept in mind:

• Rent agreement mandatory: Always make a written rent agreement, even if the tenant is an acquaintance of you.[1][3]

• Renewal of agreement: Renew the rent agreement from time to time (usually for 11 months).

• Keep rent records: Must keep a record of rental receipts or bank transfer.

• Immediate action on encroachment: If the tenant occupies the property without permission or even after the agreement is over, do not delay in taking legal action.

If the tenant stops paying rent or tries to express ownership over the property, the landlord should take legal action before the end of 12 years.

In short, staying as a long tenant for a long time does not give ownership of any property, especially when a valid rent agreement is present and the landlord is aware of his rights. The rule of adverse possession applies only under specific circumstances and many legal conditions are required to be met.