Legal Question in Landlord & Tenant Law in India

can a tenant claim ownership of the property in possession.

we have a property which is let out for rent, it been rented out for many years now.

we had multiple tenancy and various tenants were staying there and vacated on request.

the current tenant seems to be tricky, he keeps asking for 1 year time with some or the other reason, when ever we ask him to vacate.

so far my understanding from the discussions, it will take 15 months to 3 years for an eviction suit to conclude. so 1 year seems to be a small time than a court proceeding.

we are under the impression that he is also very much aware of this, and using this cleverly to delay things.

we have aggreement with Mr.x, but we now see only his parents and sister living in the house.

but the communications still happen through mr.x only, when ever we want to inspect the property some times Mr.x shows off.

is there any chance of Mr.x or his family can claim owner ship of the property, as they are in possession for some years now, since we do not have aggreement with the people who live now there in the property,and they came to live along with Mr.x, but Mr.x has vacated and moved away.

is it allowed that a same person can take rental/lease in multiple residential properties.

we do not have any cash transactions, we receive rents in either cheque or online trasfer.

kindly advice.


Asked on 11/15/11, 8:56 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The tenant in the given situation can NEVER claim ownership. There is nothing to worry. The law is settled : ONCE A TENANT, ALWAYS A TENANT. In no situation, a tenant can claim ownership so long as you are receiving rent. If he stop paying rent, you should immediately file an eviction petition.

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Answered on 11/15/11, 9:55 am
Anil Kumar Sharma JurisTree

If the tenant wants to give an undertaking in a rent petition to vacate after a fixed period, it is fine as it is enforceable under law, go for that undertaking before the court.

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Answered on 11/16/11, 6:12 am


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