Naveen Kumar 04 July 2020

Adverse possession

I have given my four rooms in rent. one family has been staying in that room for 7 years.
Can that family claim for adverse possession.

Please also tell ..How to save from adverse possession ?

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7 Replies

Sunayana Chhabra 04 July 2020

No, that family cannot claim for adverse possession.

Adv Keches Shilwante (Partner @ Legal Biceps) 04 July 2020

Adverse possession was defined by the Supreme Court in Amarendra Pratap Singh v Tej Bahadur Prajapati as: “A person, though having no right to enter into possession of the property of someone else, does so and continues in possession setting up title in himself and adversely to the title of the owner, commences prescribing title into himself and such prescripttion having continued for a period of 12 years, he acquires title not on his own but on account of the default or inaction on part of the real owner, which stretched over a period of 12 years results into extinguishing of the latter’s title.”
Hope you have made the rental agreement .

sribhusan sukla (Free Legal Consultations) 04 July 2020

No. Leasee, Licensee and Mortgagee can not claim adverse. Being a licensee, he can not claim adverse possession.

Vaishali Gupta (Advocate ) 05 July 2020

no, that family cannot claim its rights by way of adverse possession.

If you have a valid and continuing rent agreement, that could further safeguard you against your tenants.

Naveen Kumar 05 July 2020

i have not made any rent agreement...can u pls tell me the process of making a legal rent agreement,.Can I do this online ???

sribhusan sukla (Free Legal Consultations) 06 July 2020

There are two options, If tenant is recalcitrant and do not agree for signing agreement to your verbal request,, Issue eviction notice as per law and prove your case with rent receipts , bank records etc, if rent has been received through bank. Simultaneously file FIR and initiate criminal prosecution with Police help.Please know GoI is coming with new Model Rent Act 2019 which is yet to be enacted, and provisions there on pending rent suits under present Act. In any case, take the help of local lawyer.