Owner- Tenants Rights: Person Holding Property for 12 Years Can Seek Legal Relief if Ousted
Owner- Tenants Rights: Person Holding Property for 12 Years Can Seek Legal Relief if Ousted
In a significant ruling, the Supreme Court of India has held that a person who has been in continuous and peaceful possession of a property for over 12 years, even without formal title, can seek legal remedy if forcibly ousted.
The court clarified that under the law of adverse possession, if a person has held property openly and without interruption for 12 years or more, they can maintain a possessory suit even before acquiring full ownership rights. The ruling emphasizes that illegal dispossession cannot be justified, and courts will protect possessory rights in such cases.
Adverse Possession: What Property Owners Must Know
This ruling has raised awareness among property owners, especially regarding the risks of neglecting formal rent agreements. Under the Transfer of Property Act, adverse possession laws allow a person to claim ownership of a property if they’ve been using it continuously and without dispute for 12 years.
In several instances, tenants have attempted to exploit this law when proper documentation was missing.
Avoiding Legal Trouble: What Landlords Should Do
To prevent disputes or potential loss of ownership:
- Always create an 11-month rent agreement with tenants.
- Renew the agreement annually to establish ongoing tenancy status.
- Keep written proof of rent payments and terms.
- Avoid letting any person occupy the property informally or without written terms.
Adverse possession laws do not apply to government property, only to private holdings.
Many people are still unaware that casual or undocumented rental arrangements may expose their land or home to legal risk. With this recent ruling, legal experts advise vigilance and timely renewal of rent agreements.
