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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If there is a property in your child’s name and you handle it as his guardian, can you sell that property? The Supreme Court of India has recently given an important decision on this question. The Court clearly said – If someone wants to sell the property of a Guardian Minor, it is mandatory to take the permission of the Court for this. If the property is sold without permission, then after the minor turns 18 years of age, he can cancel the sale and that too without filing any case. As soon as the minor turns 18, he can either file a suit himself, or by his own conduct – such as selling the same property himself – get the earlier sale declared invalid. This case was from Davanagere district of Karnataka, where a father had sold the property of his three minor sons without the permission of the court. Later, when the sons became adults, they sold the same land again and the Supreme Court legalized their move. Hindu Minority and Guardianship Act also says the same – Guardian cannot sell, gift or give on rent for more than 5 years the immovable property of a Minor without the approval of the Court.

Property Sharing Rules: Team India’s veteran batsman Virat Kohli has left for Australia from India to play the ODI series against Australia. Virat Kohli had shifted to London with his family last year and this time he reached Delhi from London before going to Australia. In Delhi, he first visited his Gurgaon home and then reached Tehsil where he transferred his Gurgaon property to his elder brother Vikas Kohli.

He did this through General Power of Attorney (GPA). That means, legally, his brother now has the right to manage the property. In such a situation, the question now arises whether a person can transfer his property to his brother and whether his children can object to such a decision. Let us tell you what the law says about this.

Can property be transferred to brother’s name?

According to the law, if a property is completely in the name of a person and it is his self-acquired property. So he has full right to transfer it to anyone. Whether the property is to be given to one’s brother, friend, institution or any trust, the consent of children or other relatives is not necessary. Through General Power of Attorney (GPA), a person can give authority to someone to manage his property.

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But this does not mean that the ownership rights are transferred immediately. The GPA holder can only perform legal administrative or maintenance work related to the property. Unless the owner transfers the ownership through registry or gift deed. Till then the real owner remains the same.

Can children or family protest?

If the property is self-acquired then children or family members cannot raise any legal objection to its transfer. They can protest only when the property is ancestral i.e. shared property of the family. All legal heirs have equal rights in the ancestral property and no member can transfer it to anyone else without their consent. Whereas if the property has been purchased from the person’s own earnings.

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So he can donate or transfer it as per his wish. That is, like Virat Kohli, if a brother names his personal property in his brother’s name. So children or family cannot make any claim on it. Yes if the GPA is converted into a gift deed or sale deed in future. So it will be necessary to make it legally valid so that there is no scope for dispute.

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Property Rules: All children should serve their parents, they should take care of them. But nowadays it is seen in many families that children do not take care of their parents. Some people ignore the needs of the elderly by getting entangled in their own life and work. So some deliberately shout from the parents.

Due to which the parents fall alone. In such a situation, the question arises whether such children can be denied their property or they can be excluded from the property. If there is no correct information, the elderly lose their rights many times or get caught in a dispute with the children. Let us tell you what the law says about it.

What is the law to evict property?

If the children of a parent do not take care of them, do not treat them well. So can parents remove children from property in such a situation. Let us tell you that in Indian law, it is not easy to evict children from property only on the basis of their irresponsibility. According to the Hindu Succession Act, 1956, children are the real heirs of parents’ property.

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Whether or not it takes care or not. It is not easy to stop their share directly due to the child’s irresponsibility. But parents can manage their property through a will or trust and can reduce the controversy in future. But for this they will need legal advice. So that later the children do not have to go round due to the children.

What can be done for this?

If parents want that the irresponsibility of children should not affect their property. So there are many options. The easiest way is to make a will. In which it can be clearly written who will get how much share. If children do not have to give anything. So it can be mentioned in the will.

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Apart from this, the managing of the property can be done through the trust or law firm. Some people make service and responsibility a condition to get the share of children. So that only the responsible children take advantage of. This option is also legally correct. By taking such steps, the elderly can secure both their property and their rights over it.

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In Indian politics, familyism and nepotism have been the subject of discussion for a long time. UP-Bihar and most of the Hindi belt have its roots. At the same time, there are deep roots of familism and politics in the south. There are many such examples in the politics of India’s history when the father has handed over power and legacy to the son, but there are some examples when the father has evicted the son from his party. A recent example of this has recently been seen in Bihar, when Bihar’s main opposition party Rashtriya Janata Dal chief Lalu Prasad Yadav has expelled his elder son Tej Pratap Yadav from the party and home for six years.

Lalu Prasad Yadav posted a post on social media on the previous day and described the behavior of elder son Tej Pratap Yadav against family and social values ​​and irresponsible. This action has been taken by Tej Pratap Yadav’s post, in which he had spoken about a relationship with Anushka Yadav for 12 years. But can a father oust his son from property only by filling on social media? Is there a legal process for this? Let’s know

Law for eviction from property

If a parent is physically or mentally oppressed by their children, then they have full rights that they can evict children from their own property. For this, parents have to give an application to the District Magistrate. Through that application, the parents tell the District Magistrate that their son is not behaving well. If the District Magistrates do not take immediate action, then the parents apply in the civil court. At the same time, there is a second way of eviction from the property. For this, a registered will has to be created, in which it is clearly written how many people are legally entitled to property. Parents can also put a notice in the newspaper with the help of a lawyer. If the parents are more than 60 years of age, then they can file a case in the Tribunal Court through the Senior Citizen Act 2007. In this, action is taken within 21 days.

Under which circumstances can be evicted from property

If the son-daughter or a legal heir has any kind of harm to any kind of damage, then children can be evicted from the property. Apart from this, if the heir of a person has been involved in illegal work and the owner of the property is afraid that he can also be stuck in trouble even then it can be evicted. Many times people also resort to eviction from property to avoid dowry cases.

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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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