Nowadays many people rent out their house, shop or office to increase their income. But do you know that a person living on rent for a long time can also become the owner of your property? There are some rules regarding property renting in India, under which the tenant can get the possibility of getting ownership rights.
Know important things before renting
Before giving property on rent, it is mandatory to have a written contract between the landlord and the tenant. It should clearly state things like the amount of rent, method of payment, responsibility for repairs, and the duration of rent. This contract gives legal protection to both parties and reduces the possibility of dispute in future.
When can a tenant become the owner of the property?
There is a principle in Indian law called Adverse Possession. Under this, if a person maintains possession of a property for 12 consecutive years without any hindrance, and the owner does not challenge that possession, then in some states that person can claim ownership of that property. However, this process is complex and does not apply in every case.
Conditions to claim possession
There are some legal conditions related to the claim of possession, which must be fulfilled. First of all, the possession should be clear and public, that is, everyone should know that the tenant is living on that property. This possession should be private and without any obstruction, in which the owner has not taken any protest or legal action. According to Indian law, this period can be from 12 to 30 years depending on the state. But if the landlord has already filed a case in the court or started the legal process, then the claim of possession becomes invalid.
How to protect your property?
Landlords can take some precautions to protect their property from possession. The most important thing is that before renting, a written rent agreement must be made in which all the conditions are clearly mentioned. It is also important to renew the rent from time to time and keep visiting the property. The identity and documents of the tenant should be properly checked. Also, owners can keep their property safe by following modern rules like e-stamping and registration.
Legal disputes and solutions
If there is a dispute between the landlord and the tenant, the matter can be taken to the Rent Control Act or the civil court. Some states also have rent tribunals that settle such cases. If you are thinking of renting out your property, it is very important to understand these rules and legal procedures. This will not only keep your property safe but will also avoid any dispute in the future.