By Admin 
Adverse possession: Adverse possession is a unique principle of Indian law that allows a person to become the legal owner of a property on which he has been living for a long time without the permission of the original owner. Let us know complete information about this rule.
What is this rule and its legal basis
Under Section 65 of the Limitation Act 1963, the time limit for personal property disputes is 12 years. Which means that if the original owner fails to take back his property within this period or take legal action, he may lose the property to the person who is in possession of it.
In simple words, if a person lives on a land or property continuously, openly and peacefully for 12 years and the original owner does not raise any objection or take any legal action, then the occupier can legally claim ownership.
what are the conditions
In this case the possession should be so clear that the owner of that property is aware of it. At the same time, it should also be uninterrupted and should not be based on violence or confidentiality. When a property owner is aware of encroachment but does not want to take legal action, the encroacher has an even stronger case to make.
Why is this law important for landlords
It is very important for the property owner and landlord to understand adverse possession. Holding a property for years or allowing someone to live there without a valid agreement can result in loss of ownership rights. The court considers continued possession without objection as an indication that the original owner has completely abandoned his interest in the property.
Status of tenants under adverse possession
In most cases, tenants cannot claim ownership through advanced possession because they occupy the property only after the landlord’s permission under a rent or lease agreement. However, when the agreement expires and the tenants continue to live without renewal or objection from the landlord, problems arise. If this situation continues for more than 12 years without any action or written consent, then the tenant’s possession may be considered at an end.
How to protect your property as a landlord
Landlords should always keep tenants under a reasonable rent or lease agreement. Along with this, it should also be updated from time to time. Regular visits and inspections are required to ensure that the property remains under your control.
Keep all ownership records like registry papers, tax receipts and electricity bills in your name only. If you come to know that someone has encroached on your property without permission then immediately file a possession case in the court before the expiry of the period of 12 years.
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