Whether tenant becomes owner
CA HIMANSHU DHABALIA
(Querist) 18 August 2013
This query is : Resolved
1) one plot 12 tenants one storey since 1950
2) in same plot landlord through developer construct seven store bldg in 1980 by utilizing the benefit of fsi
3) conveyance deed is made to the pvt limited company in 1980 mentioning the existing one store structure but not mentioned as tenanted storey
4) Now can these 12 occupants say because of this conveyance they are joint owners of the plot along with occupants of new seven store bldg same plot
please reply as two senior citizen stay at stake
adv. rajeev ( rajoo )
(Expert) 18 August 2013
No. Only on the basis of the conveyance deed tenants cannot become the owners. They can only claim adverse possession.
prabhakar singh
(Expert) 18 August 2013
No is the only answer.
I am afraid.
Anyone whose entry is proved by consent can not claim adverse possession .
ajay sethi
(Expert) 18 August 2013
tenant cannot become a owner
Rajendra K Goyal
(Expert) 18 August 2013
Tenant is tenant does not become owner of tenanted property.
Raj Kumar Makkad
(Expert) 18 August 2013
A person in possession of a specific property with designation of tenant can never become owe to that property merely on the basis of tenant. he can never take the plea of adverse possession.
CA HIMANSHU DHABALIA
(Querist) 18 August 2013
Thanks for prompt view. The only argument is as per law when conveyance is specifically not treating the existing one storey as tenanted and on conveyance it only used word tenement and dwelling house and in plan also words used as existing building, can we not argue tenancy is converted in to owenership by landlord via conveyance
ajay sethi
(Expert) 18 August 2013
consult a local alwyer . conveyance deed has to be clear and specific . . the recitals of the deed would mention all the facts . tenant cannot become owner without the explicit consent of owner
R.K Nanda
(Expert) 18 August 2013
agree with experts.
prabhakar singh
(Expert) 18 August 2013
You can argue even that world belongs to you
for that you would not be asked to visit cells but no relief would be allowed and in times to come such claims or defences may snatch a handsome part of your earnings just for staking a claim or defence like that.
prabhakar singh
(Expert) 18 August 2013
I too thank you for understanding law the way i endeavour to understand.
Raj Kumar Makkad
(Expert) 19 August 2013
It is highly surprising that the querist has responded only against harsh language instead os soft.
prabhakar singh
(Expert) 19 August 2013
Well it should not be surprising when a CA
was assessing pros and cons!
