Right Way to Rent your Property: There are some rules in the property law, where a tenant can claim rights on a property after living on it for 12 continuous years. Although its terms and conditions are quite stringent, your property may come under dispute.
Many times people give the empty room of their house or the entire house on rent to someone. So that their income continues. Because but buying property in a metropolis like Delhi-Mumbai is a very expensive deal. Because the rent here is higher than in normal cities. But, many times the property owner does not take care of the house for years after offering it on rent.
They are only concerned with the rent which reaches their account every month. This is carelessness and some day it can prove very costly. There are some rules in the property law where a tenant can claim rights on a property after living on it for 12 consecutive years. Although its terms and conditions are quite stringent, your property may come under dispute.
The law of adverse possession dates back to the British era. If we understand it in simple words, then this is the law of illegal occupation of land. However, in the circumstances given above it is accepted. The 12-year law does not apply to government property. This is done under a very old law. Many times due to this the owners have to lose their property. People who have been living on rent for a long time try to use it many times. This is where the landlord needs to be alert.
What is the rule?
If the property has been peacefully occupied and the landlord is aware of it, then 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 the 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 occupier also needs property deed, tax receipt, electricity or water bill, affidavits of witnesses etc.
Method of protection
If you are going to give your house on rent, then make sure that the rent agreement is for 11 months and hence it will have 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 to see if there is any illegal encroachment there. Trusting someone and leaving your property lying idle can cause you losses.
Ways to take back the house from the tenant:
If you feel that the tenant can take over your house or shop, then in such a situation you can use these methods to get the house vacated from him.
- If the tenant does not pay the rent, his electricity and water connection should not be disconnected. 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 may harass you.
- You put pressure on the tenant to vacate the property. For this you can also take help of police.
- Keep sending eviction notices to the tenant.
- If he does not vacate the house even after receiving the notice, then you should file a petition in the civil court. After which you will legally get the right to vacate the house.
- Under Section 103 of the Indian Constitution, if a tenant occupies your house, you can use force to evict him.
