Can A Tenant Claim Ownership Of A Home In India?
Tenant Claim Ownership Of A Home- There are benefits and drawbacks associated with renting out one’s home to a tenant. Tenants sometimes only stay for a short while, while in other situations, they might stay for years. Larger disputes like ownership disputes between the landlord and tenant may occasionally result from this. The question then becomes, is it possible for a tenant to claim ownership of a home?
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In New Delhi, Mr. Kalpesh Mishra resides in a two-story apartment. He leased the two rooms to a tenant in 2010. The tenant is now claiming ownership of the two rooms in the house after more than a decade of occupancy. Mr. Mishra is now anxious about his next course of action. This article addresses the important query, “Can a tenant claim ownership of a house?” while providing significant insights.
Can a tenant take ownership of a house?
The Limitation Act 1963 states that if a tenant stays in a house for an additional 12 years and the property owner does not make an effort to enforce their claim, the renter may be able to claim ownership of the residence. Adverse possession of property is the term for this. When a lease expires or the landlord breaks a provision of the rent agreement, tenants typically file ownership claims under adverse possession.
After how many years does a tenant become the owner?
In India, a tenant who has occupied a property continuously for 12 years may be eligible to buy it outright. The Limitation Act of 1963 states that the 12-year statute of limitations applies to private property and the 30-year statute of limitations applies to public property.
After five years, the Supreme Court rules on tenant rights
According to a 2012 Supreme Court decision, tenants who fulfil the following requirements can have a quiet rental for at least five years:
- Tenant consents to pay rent at going prices in the market.
- Tenant consents to pay a 10% increase in rent every three years.
This decision serves as a model tenant-landlord contract intended to reduce the frequency of lawsuits at all levels.
Conclusion
In conclusion, if specific requirements are satisfied, a renter may use adverse possession law to assert ownership of a home. On the other hand, disagreements can be avoided and both parties can be protected by having a rent agreement & being aware of their respective legal rights. Thus, in order to prevent future disputes, it is recommended to have a rent agreement in place.
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