Tenant Rules: A large number of people in the country live in rented houses. Lakhs of people run their businesses from rented shops. In many families these shops are generations old. Whom Dada or Baba had once given on nominal rent. With the passage of time, it becomes a big legal dilemma. In cases that are 40–50 years old, the current owners feel that it is almost impossible to vacate the shop now.

But the recent decision of the Supreme Court has changed this thinking. The court clearly said that mere possession for a long period does not confer ownership rights on the tenant. If the real owner or his heirs prove genuine need. So the law stands with them. Know how you can get the tenant to vacate the shop in such a situation.

This is how you can get your shop vacated

If Baba had given any shop on rent. But the current owner is his heir. So in such a case, the Supreme Court accepted that the right to property is not limited only to the first generation. If the next generation needs a shop, that too will be considered completely legal.

In such a situation, the landlord can argue in the court that he needs a shop. He himself wants to start his own business there. In such a situation, the court can order the tenant to vacate the shop after seeing the rights of the landlord and accepting his arguments.

Long possession does not give rights

Recently, in one such case, the tenant argued that he has been running the shop for about 50 years and the upper floors can be used as an option. But the Supreme Court rejected these arguments outright.

The court said that the tenant cannot instruct the owner how to use his property. Besides, issues like electricity connection were also considered unnecessary. The court said that the need is assessed from that date. When the suit was filed and not because of later changed circumstances.

This is the whole process

To evict a tenant from the shop, it is first necessary to check the rent agreement and ownership documents. If there is a written agreement, check its terms, if not, check the rent receipts. After this decide the valid reason. Such as personal or family business needs, non-payment of rent, misuse or dilapidated condition.

After this, send a legal notice through Makil and give a stipulated time. If the shop is not vacant even after the notice, file an eviction case in the rent control court. After the court order, if necessary, the shop can be vacated through legal process.

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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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Rules for tenant: Often people have to leave their cities in connection with work and go to another city. Many times people leave small town and shift to a big city. So many times people shift to another big city except one big city. People go to a new city and find a home to live first. People in new cities remain on rent.

So many times people in big cities rent their empty big houses to earn. And now it has become very common for some time. But let us tell you if someone stays in your house as a tenant for a long time. So he can claim your flat. Let us tell you what are the rules about this.

After 12 years, tenant can claim flat

In fact, if a tenant is living on a flat without any objections for 12 consecutive years and the landlord has not taken any legal action against him. Then in such a situation, he can claim that flat under the tenant adversaries possession.

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However, only by claiming that flat tenant will not get it. He will have to show some important documents for him. Such as electricity bill, water bill, property tax papers. If all these documents are with him. And the landlord does not know by opposing them. Then the tenant may be occupied by the flat.

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Tenant will not be able to claim in this case

Let me tell you if a tenant is living in your flat with a rent agreement. So in such a situation, he cannot claim. Apart from this, you have to bill the water in the name of the tenant. And no electricity bill. If you feel your tenant behavior is not right. So you can ask him to vacate your flat. For this you can give him notice. If you do not take care of these things. Then you can wash your hands with your flat.

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