I will always suggest that you make a rent agreement for the duration you want your property to be rented. This must be done to avoid any claim of rights to your property in the future. Making an agreement is the first step towards establishing a contract between landlord and tenant. You have the right to give notice to the tenant to vacate property legally. But if you have not created any agreement or just extended it as a lease, you must be wondering if there would be any trouble from the tenant’s end. Since you want to know tenant rights after 20 years India, let us have a look.
Tenant rights after 20 years In India:
If you have not made a lease agreement with the tenant and they live in your property without any interruption from your end, it gives the tenant the right to hold the property for an undetermined amount of time. This may encourage them to claim permanent occupancy. The tenants can prove adverse possession if the owner of the property does not meddle or claim property ownership for 12 years. So I will suggest you enter into a rent agreement, lease agreement or leave and license agreement with the tenant to avoid any claims to your property in the future.
Criteria to claim rights to property as per the adverse possession:
I know that there is a statutory limitation period for ownership of real estate or any involvement. It is 12 years for personal property and 30 years for government, state, or public property. It is from the date the tenant breaches upon the genuine owner's rights to the property. It is according to Section 65 of the Limitation Act of 1963. Let’s gid in deep to know rights of tenants in India.Understand your rights in India from the experts at NoBroker here.Manage your property with NoBroker to preserve your rights.
What are tenant rights after 20 years as per adverse possession to acquire title?
1) Consistency in Adverse PossessionYou as a claimant must have continuous, unrestricted, and undamaged ownership and possession of the property. It must be throughout the whole legal term of limitations for tenant rights in India.2) Hostile PossessionYou as a claimant should maintain the property for the whole statutory period of limitation. You must be fully aware that you lack any legal authority to own or occupy that property. The trespasser's goal should be to obtain ownership of the property through hostile possession against the legitimate owner.3) Genuine PossessionThe adverse possession should be actual possession, like building a house, installing a shed or other structure, surrounding the property, cultivating and harvesting crops there, planting and chopping trees, etc. It must be during the entire duration of the statutory limitation period.This is all from my end about the rights of tenant in India.Read More:What are tenant rights in India after 10 years?What are tenant rights in India after 50 years?What are tenant rights in India?
There is no provision regarding tenants rights after 20 years in India.These rights are governed by their respective state's Rent Control Act. These acts regulate issues related to rent, eviction, and the rights and responsibilities of both landlords and tenants. However, given below are the general laws on tenant rights in India:
Security of Tenure: In state Rent Control Acts, tenants have security of tenure. This means that they cannot be illegally evicted by the landlord. The landlord can only evict a tenant if there is non-payment of rent, misuse of the property, or if the landlord intends to occupy the property for personal use.
Rent Control and Rent Increase: Rent Control Acts often limit the rent increase. The specific rules and allowable increases vary by state. In some cases, long-term tenants benefit from lower rent increases rather than newer tenants.
Maintenance and Repairs: Landlords are responsible for maintaining the property. If repairs are needed, tenants can ask the landlord to make them. The repair responsibilities are given in the rental agreement.
Right to Privacy: Tenants have a right to privacy. Therefore, landlords cannot enter the property without a valid reason unless it is an emergency.
Notice Period: Both tenants and landlords are required to provide proper notice if they wish to terminate the tenancy.
Legal Remedies: If a tenant's rights are violated, they can seek legal remedies through the civil court.
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What are the tenant rights after 20 years India?
sahir
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January 30, 2022
2022-01-30T23:36:44+00:00 2023-09-13T20:14:21+00:00Comment
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