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to get rid from tenant
3 months ago
My father and mother both bought an old house on 1986. a tenant already lived there since long. when the property handed over to my parents since then they did not pay rent still date. now my parents passed away and the property is now belongs to my elder brother and me. is it possible to vaccate our property from our tenant?
A.Dear Client,
In a dispute between a tenant and a landlord, resolution is typically governed by the state-specific Rent Control Act. A Rent Controller or Additional Rent Controller is appointed to address disputes arising from a rental agreement. In the current situation, you can file an application before the relevant Rent Controller to seek an amicable resolution to the issue.
It's important to note that if a tenant has been in uninterrupted possession of the rented premises for an extended period, they may claim ownership through adverse possession. To establish adverse possession, continuous, uninterrupted, and hostile possession is required throughout the statutory limitation duration. The possession must be hostile, meaning the occupier is aware of lacking legal title but continues to occupy the property. The Limitation Act, 1963, under Article 64, prescribes a limitation period of 12 years for a claim based on previous possession, not on title. Article 65 provides a 12-year limit for a suit for possession based on title. Failure to file a possession claim within the prescribed time may result in the extinguishment of the owner's right based on title, and the possessor may become the owner.
For guidance and proper steps, it is recommended to consult with a legal professional.
In a dispute between a tenant and a landlord, resolution is typically governed by the state-specific Rent Control Act. A Rent Controller or Additional Rent Controller is appointed to address disputes arising from a rental agreement. In the current situation, you can file an application before the relevant Rent Controller to seek an amicable resolution to the issue.
It's important to note that if a tenant has been in uninterrupted possession of the rented premises for an extended period, they may claim ownership through adverse possession. To establish adverse possession, continuous, uninterrupted, and hostile possession is required throughout the statutory limitation duration. The possession must be hostile, meaning the occupier is aware of lacking legal title but continues to occupy the property. The Limitation Act, 1963, under Article 64, prescribes a limitation period of 12 years for a claim based on previous possession, not on title. Article 65 provides a 12-year limit for a suit for possession based on title. Failure to file a possession claim within the prescribed time may result in the extinguishment of the owner's right based on title, and the possessor may become the owner.
For guidance and proper steps, it is recommended to consult with a legal professional.
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A.Dear Client,
A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably. It may further be noted that when your tenant is in uninterrupted possession of the rented premises for many years, he can claim ownership of the rented premises by applying the theory of adverse possession. 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 shall be extinguished and the person who has possession of the immovable property shall become the owner once the possessor of the property files a civil suit before the Court claiming ownership of the ground of adverse possession. Reach out to an Advocate for guidance and steps.
A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement between the parties. So, in the prevailing situation, you can file an application explaining your grievance before the concerned Rent Controller to resolve the issue amicably. It may further be noted that when your tenant is in uninterrupted possession of the rented premises for many years, he can claim ownership of the rented premises by applying the theory of adverse possession. 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 shall be extinguished and the person who has possession of the immovable property shall become the owner once the possessor of the property files a civil suit before the Court claiming ownership of the ground of adverse possession. Reach out to an Advocate for guidance and steps.
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A.Dear sir
Yes you have to file suit for eviction after issuing statutory legal notice under section 106 of transfer of property act if there is no other special regulating the dispute between tenants and land lord.
Yes you have to file suit for eviction after issuing statutory legal notice under section 106 of transfer of property act if there is no other special regulating the dispute between tenants and land lord.
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