What is the rule for renting a property, can a tenant become an owner in 12 years?

There are some legal rules and procedures for renting out property in India. Even if the tenant stays on the property for 12 years, he can become the owner, but the provision for this is a bit difficult but it is not at all that it cannot happen. That is why we have brought information about the rules for renting out property for you.

Along with this, we will tell you how you can protect your property from being occupied by a tenant. For this, what paperwork should you complete before giving the property on rent.

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General rules for renting

There should be a written tenancy contract between the landlord and the tenant, which contains details of the rent, mode of payment, duration, responsibility for repairs, etc. The tenant gets the right to use the property, but cannot violate the rights of the property owner. The landlord can increase the rent from time to time, but it should be as per the state rules.

How can a tenant become an owner?

Under Indian law, if a tenant has occupied a property for a certain period of time and the landlord has not tried to take it away, in some states the tenant may have the right to become the owner of the property. This process happens under “Adverse Possession”, which is recognized under certain conditions given in Indian law.

Adverse Possession Rule

If a person occupies a property illegally and this occupation continues for a few years, then that person can claim the rights of the owner. This process is usually completed in a period of up to 12 years, if the landlord has not made any attempt to occupy the property and the tenant continues to occupy it.

What are the conditions of the rules?

The status of possession must be publicly, clearly and conspicuously maintained. The possession must be private and without obstruction. The time limit can be up to 12 years (or sometimes 30 years, depending on state law). However, this rule does not apply in all cases, and this doctrine cannot be used if the landlord has already claimed the property in court or taken legal action.

Legal disputes related to tenancy

If there is a dispute between the tenant and the landlord, it can be resolved in the court. In this context, the tenant must first obtain a right in the court. Rent Control Acts are applicable in some states, which clearly define the rights of the tenant and the landlord and also bring discipline in it.

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