Adverse Possession: What is Adverse Possession? If you are a landlord, you should definitely know its law.

Adverse Possession: Adverse possession is a legal principle. Let's learn what this principle means and why it is important for landlords.

Adverse Possession: Adverse possession is a unique principle in Indian law that allows a person to become the legal owner of a property they have occupied for a significant period of time without the original owner's permission. Let's learn more about this principle.

What is this principle and its legal basis?

Under Section 65 of the Limitation Act, 1963, the time limit for private property disputes is 12 years. This means that if the original owner fails to take back their property or take legal action within this period, they can lose the property to the person who has occupied it.

Simply put, if a person lives on land or property continuously, openly, and peacefully for 12 years, and the original owner does not object or take any legal action, the occupant can legally claim ownership.

What are the conditions?

In this case, possession must be so clear that the owner of the property is aware of it. It must also be uninterrupted and not based on violence or secrecy. When the owner of the property is aware of the occupation but does not want to take legal action, the occupant's claim becomes even stronger.

Why this law is important for landlords

It is crucial for property owners and landlords to understand adverse possession. Expecting possession for years or allowing someone to live there without a valid agreement can lead to the loss of ownership rights. The court considers continued possession without objection as a sign that the original owner has completely abandoned their interest in the property.

Tenants Under Adverse Possession

In most cases, tenants cannot claim ownership through advanced possession because they occupy the property only after obtaining the landlord's permission under a rental or lease agreement. However, problems arise when the agreement expires and the tenant continues to occupy the property without renewal or objection from the landlord. If this situation continues for more than 12 years without any action or written approval, the tenant's possession may be deemed terminated.

How Landlords Can Protect Their Property

Landlords should always hire tenants under a reasonable rental or lease agreement. They should also renew it periodically. Regular visits and inspections are required to ensure the property remains under your control.

Keep all ownership records, such as registry papers, tax receipts, and electricity bills, in your name. If you find out that someone has occupied your property without permission, immediately file a suit for possession in the court before the expiry of the 12-year period.