Landlord founded
3 months ago
I am a tenant for almost 50years,in this journey the landlords have died,few left,no communication with landlords anymore,so started to give rent till date in rent control in the name of landlords,now after long years one landlord have been founded.She told she don't want to keep any tenant.Now my question is if I want to release my rented position how much amount will i demand as I am an old tenant?
A.Dear Client,
Given your prolonged tenancy and the change in circumstances with the rediscovery of one of the landlords, it's important to approach the situation with a clear understanding of your rights and obligations. While the Limitation Act, 1963, generally does not have specific provisions regarding the release of tenancy, Section 27 of the Act, pertaining to the revival of the right to sue, may be relevant. It is recommended to consult with a legal professional to discuss your specific situation. In negotiations with the landlord, you may consider proposing a fair and reasonable amount for vacating the premises, taking into account the lengthy duration of your tenancy and any improvements made to the property. Documenting your understanding and agreement in writing is essential to avoid future disputes. Engaging in open communication with the landlord and possibly seeking legal advice will contribute to a smoother transition in your rented position.
Thankyou
Given your prolonged tenancy and the change in circumstances with the rediscovery of one of the landlords, it's important to approach the situation with a clear understanding of your rights and obligations. While the Limitation Act, 1963, generally does not have specific provisions regarding the release of tenancy, Section 27 of the Act, pertaining to the revival of the right to sue, may be relevant. It is recommended to consult with a legal professional to discuss your specific situation. In negotiations with the landlord, you may consider proposing a fair and reasonable amount for vacating the premises, taking into account the lengthy duration of your tenancy and any improvements made to the property. Documenting your understanding and agreement in writing is essential to avoid future disputes. Engaging in open communication with the landlord and possibly seeking legal advice will contribute to a smoother transition in your rented position.
Thankyou
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A.Dear Client,
It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, file a civil suit under Article 64 of the Limitation Act before the Civil Court claiming ownership of the property based on adverse possession. Reach out to an Advocate for guidance and steps.
It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, file a civil suit under Article 64 of the Limitation Act before the Civil Court claiming ownership of the property based on adverse possession. Reach out to an Advocate for guidance and steps.
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