Right Way to Rent your Property: There are some rules in the property law, where after living on a property continuously for 12 years, the tenant can claim the right on it. Although, its terms are quite tough, but your property may come under dispute.
Many times people give the empty room of their house or the whole house on rent to someone. So that their income continues. Because but buying property in metropolitan cities like Delhi-Mumbai is a very expensive deal. Because the rent here is more than the common cities. But, many times the owner of the property does not take care of it for years after offering the house on rent. They only mean the rent which reaches the account every month.
This is negligence and some day it can be very heavy. There are some such rules in the property law, where after living on a property continuously for 12 years, the tenant can claim the right on it. Although, its terms are quite tough, but your property may come under dispute.
The law of adverse possession dates back to the British era. If you understand it in simple words, then it is the law of illegal occupation of land. However, it is accepted in the circumstances given above. The 12-year law does not apply to government property. This is done under very old law. Many times due to this the owners have to lose their property. People living on rent for a long time try to use it many times. This is where the landlord needs to be careful.
What is the rule
If the property is occupied in a peaceful manner and the landlord is also aware of it, then the ownership of the property can be claimed under adverse possession. The biggest factor in this is that the landlord should not have imposed any restriction regarding that possession during the period of 12 years. That is, it is also necessary to prove that the possession of the property was continuous and there was no break in it. The encroacher also needs property deed, tax receipt, electricity or water bill, affidavits of witnesses etc.
way of protection
If you are going to give your house on rent, then definitely get the rent agreement made, it is for 11 months and hence it has to be renewed every 11 months, which will be considered as a break in the continuous possession of the property. Second you can change the tenant from time to time. You should always keep an eye on your property that no illegal encroachment has been done there. Trusting someone and leaving the property languishing can cause you loss.
Ways to take back the house from the tenant
If you think that the tenant can occupy your house or shop, then in such a situation you can use these methods to get him to vacate the house.
- If the tenant does not pay the rent, then his electricity and water connection should not be disconnected at all. In such a situation, he can take his connection personally.
- Always get the property papers made in your name. If this does not happen then the tenant can harass you.
- You put pressure on the tenant to vacate the property. You can also take the help of the police for this.
- Keep sending eviction notices to the tenant.
- Even after getting the notice, if he does not vacate the house, then you should file a petition in the civil court. After which you will get the right to legally vacate the house.
- Under Section 103 IPC of the Indian Constitution, if a tenant occupies your house, you can also use force to evict him.
