Property disputes often arise between the tenant and the landlord. Sometimes this fight even reaches the court. Such situation usually comes when the landlords become careless about their property. If there is a slight mistake in the legal maneuver, then your property may also get caught in a similar dispute.
New Delhi. Most of the people give it on rent to take advantage of the rising prices of houses or land in the cities. Most of the people themselves may be in another city or country, but in metropolitan cities like Delhi-Mumbai, they buy property and give it on rent, so that they can earn big. But, many times the owner of the property does not take care of it for years after paying the rent. They only mean the rent which reaches the account every month. But, this carelessness can be very heavy. There are some such rules in the property law, where after living on a property continuously for 12 years, the tenant can claim the right on it. Although, its terms are quite tough, but your property may come under dispute.
The law of adverse possession dates back to the British era. If you understand it in simple words, then it is the law of illegal occupation of land. However, it is accepted in the circumstances given above. The 12-year law does not apply to government property. This is done under very old law. Many times due to this the owners have to lose their property. People living on rent for a long time try to use it many times. This is where the landlord needs to be careful.
Under what circumstances is recognition granted?
If the property is occupied peacefully and the landlord is also aware of the same then the ownership of the property can be claimed under adverse possession. The biggest factor in this is that the landlord should not have imposed any restriction regarding that possession during the period of 12 years. That is, it is also necessary to prove that the possession of the property was continuous and there was no break in it. The encroacher also needs property deed, tax receipt, electricity or water bill, affidavits of witnesses etc.
How to defend
The best way to do this is to make a rent agreement before renting the house to anyone. It is for 11 months and hence it has to be renewed every 11 months which will be treated as break in continuous possession of the property. Second you can change the tenant from time to time. You should always keep an eye on your property that no illegal encroachment has been done there. Trusting someone and leaving the property languishing can cause you losses.
