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Nikhil Katiyar
in Property Law
Asked June 18, 2018

Rights of tenant where owner went absconding - Adverse Possession

  • 2 Answers
  • 219 Views

Hello! Sir, I have query regarding to claim the ownership of the house. Sir, we have been living in that house since 2004. And we were paying the rent as he said. But there was no Agreement between us. We paid our rent for 2-3 years. Then he never came to collect the rent. We tried to visit his house but there was no one else who could claim the ownership. We waited for years. But there was no news about the owner. In that house where we were living, there was no facilities like LIGHT, WATER and even the owner hadn't pay the taxes of that house. We fulfilled all the needs, we paid the taxes and got the electricity and water connection. Now, after 14 Years a man came from the owner's side and claiming for the ownership of that house and bullying us to vacate the house. We have all legal documents regarding electricity connection and water connection and taxes paid by us for last 14 years. Is there anything, so we can claim for the ownership of that house?

Answers 2

Since you are tenant and you should immediately take stay against eviction from district court by showing all bills and maintenance expenses etc ,even owner can't evict you without adopting due course of law ,so take stay by fling suit as said above ..the owner on other hand has to prove his genuine requirement to evict you ..so act promptly as advised 

Agree Comment 0 Agrees 6 months ago

Dear 

You can not claim ownership against the actual owner but the person who is coming to you also can not claim ownership without having title documents.

As far as adverse possession is concern, this plea is available only against the true owner and for which you have to show that any dispute arose between the owner and you regarding the ownership of the property more than 12 years before and the owner did not take any step against you.

Agree Comment 0 Agrees 6 months ago

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