Tenant did construction work without consulting us property owner Tenant did construction work without consulting us property owner

7 months ago

The tenant who lived in the house (doesn't has a pakka roof) since 50+ years and won the court case to stay in the one-room house with the rent of Rs 10, has now started dropping of the 'kutch' tin shed roof without our knowledge; tax and light bill are in his name and the ownership is in our name. Is this a ground for explusion — if yes, how should we proceed?

Anik

Responded 7 months ago

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A.Dear client,
The prescribed period in case of for government-owned properties is 30 years. - However, As per law, a tenant cannot claim an ownership right on the ground of adverse possession, even the tenant is living into the tenanted premises since long period.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
According to the legal definition of adverse possession, a person who has lived on a piece of land without a title for 12 years with the owner's consent could be able to claim ownership of the land in question. An individual can claim adverse possession over others' land. This happens when they openly and notoriously possess that land without any interruption from the land owner for a minimum period of 12 years. The possessor must prove the following in front of the court: The date of possession. The possession was known to the public. The nature of the possession. The continuity of the possession. The duration of the possession. These are the important requirements to prove adverse possession. In the prevailing situation, you need to consult with an Advocate to explore suitable remedies and steps to be taken for appropriate relief.
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