OWNERSHIP BY WAY OF ADVERSE POSSESSION
nishesh gupta
(Querist) 12 October 2015
This query is : Resolved
hi my father is a tenant of a shop since 1995. since the year 2004 none of the owners of the shop have approached us for collecting rent.. or any such other matter, the lady who owned the shop is dead and now her legal heirs are present but they haven't approached us for rent and they are not having cordial relations amongs themselves , we have been in continous and open possession of the shop since 1995 so is it possible that by virtue of section =27 of limitation act we can claim ownership over the shop by way of adverse possession? it's been more than 12 years since the non collection of rent and our continuous and open possession . the property is in delhi
nishesh gupta
(Querist) 12 October 2015
kindly give a response to this query
SURESH BV, Advocate
(Expert) 13 October 2015
Dear Nishesh,
Being admitted as Tenant, you cannot claim adverse possession over the property. If the legal heirs are not collecting the rent open an account and start depositing the rent.
Rajendra K Goyal
(Expert) 13 October 2015
Tenant is tenant, after some time he can not become owner automatically.
nishesh gupta
(Querist) 13 October 2015
dear suresh and rajendra sir, I found something on the Internet because of which this doubt came in my mind =:
in that it was written that = if nobody including the legal heirs of the landlord are not claiming anything over the property since the last 20 years then u can claim ownership under adverse possession
but the tenant has to get the perfect title under adverse possession by filing a civil suit against the legal heirs before the court....
SO IS IT ALL WRONG??
nishesh gupta
(Querist) 14 October 2015
@ADV Jeevan = yes we sent rent through money order along with a registered ad letter telling about the reason of the money order etc but it was returned with the reason written as = DECEASED. so should we deposit rent in court?
nishesh gupta
(Querist) 14 October 2015
@ADV Jeevan = yes we sent rent through money order along with a registered ad letter telling about the reason of the money order etc but it was returned with the reason written as = DECEASED. so should we deposit rent in court?
Advocate. Arunagiri
(Expert) 14 October 2015
A tenant is always tenant. He can not claim Adverse possession.
K.S.Srinivas
(Expert) 14 October 2015
Yes. You can deposit in the court.
T. Kalaiselvan, Advocate
(Expert) 19 October 2015
Being a tenant and to get your tenancy rights protected, it becomes your duty to pay the rent regularly every month. You know that the landlord/owner died so the legal heirs could have been approached for paying the rent, you did not do so, at least you could have paid the rent in the court as court deposit for the legal heirs to collect it from court once their dispute is settled, instead of protecting your tenancy rights, you want to acquire ownership of the property which never belonged to you, are you justified in your query? You cannot claim title by adverse possession just because you were squatting in the property for more than 20 years or so, it is an illegal claim.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 13 October 2015
