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Shoaib Khan (Business)     14 June 2010

Adverse Possession

hiii all!

can a tenant claim ownership thru adverse possession..??

"once a tenant always a tenant" strikes up soo i feel its NO.. plz correct me if i am wrong..

if its true then i just wana seek help regarding this that- which section or which act,undr which provision of law mentions that a tenant cannot claim ownership adverse possession??



Learning

 1 Replies

Suchitra. S (Advocate)     14 June 2010

Shoaib, the tenant cannot claim adverse possession. You need to know what is adverse possession first.

Adverse possession is a principle of real estate law whereby somebody who possesses the land of another for an extended period of time may be able to claim legal title to that land.To prove adverse possession under a typical definition, the person claiming ownership through adverse possession must show that its possession is actual, open, notorious, exclusive, hostile, under cover of claim or right, and continuous and uninterrupted for the statutory period. 

In tenant and owner relationship, there is permitted use of property by the owner. And so, the tenant cannot claim adverse possession. Once a tenant, always be a tenant coz of this.


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