Can a tenant become a landlord on a rented property?
Does a person become the owner of the property after living on rent for 20 years?
We rent our house to someone else so that we can get some extra income, but sometimes renting a house becomes costly for the landlord because many times the tenant files a case against the landlord.
In such a situation, if a tenant lives in a shop, house or other property for a long time, does he become its landlord? Is there any such rule in our law by which a tenant can become the owner of the rented property?
First of all, let us tell you that if a person is living on rent on a property for a long time, be it a shop, house or any other property, then he cannot become its owner. There is no such rule in our law by which a person can become the owner of a rented property, no matter how long he has been living there,
Whether it is 20 years or more than 50 years. If a person is living on rent in a property, then he cannot become its owner. As long as the person buying the property remains a tenant and the landlord remains the landlord, that property will remain on rent and many such cases have come in support in which the court has made it clear that no matter how long a tenant is living on rent in a property, he cannot become its owner, that property will remain on rent, he will always remain a tenant on that property.
There is another misconception among all of us related to rent agreement that the rent agreement should not be made for more than 11 months. The rent agreement is made for a period of 11 months because according to the Registration Act 1968, if the lease agreement is for 12 months or more, then it is very important to get it registered.
Stamp duty and registration fees have to be paid to register any agreement. To avoid all these attacks, people also get a rent agreement made for a shorter period instead of 12 months. If you also have any question related to tenancy law then tell me in the comment box.
Tenancy has always been a very important issue in our country and it affects many people. Many times it happens that the tenancy becomes very old and the landlord is unable to take any action against the tenant to evict him due to some reason.
In such a situation, the tenant starts dominating and starts considering himself the owner, but what is the legal provision regarding this situation? Does the tenant become the owner of that property after a long period of tenancy?
While renting a house, many people have a misconception that if we make a rent agreement with the tenant, it will go in his favor and we will never be able to vacate the house and if we issue a rent receipt to the tenant, he can also claim his ownership or if the tenant stays in the house for a long time, he will become the owner of the house.
We should completely remove this misconception from our mind because whether the rent agreement is for one month or 20 years, the tenant always remains a tenant and no matter how long he stays as a tenant, he cannot claim ownership rights. No tenant is entitled to claim ownership rights by staying on a property for 100 years continuously.
Rather then the reality is that no tenant should ever be kept in a property without a rent agreement because as soon as the rent agreement is made, the status of the tenant is decided that he will occupy that property in the capacity of a tenant.
And then no matter how long that tenant stays in that property, he will remain a tenant. The common belief may be that a rent agreement should not be made or a rent receipt should not be given but legally, both these things are very important things that protect the interests of both the landlord and the tenant.
Legally speaking, the reality is that we should never keep a tenant without a rent agreement and never charge rent without a receipt. Some people also believe that a rent agreement is for 11 months and after 11 months if the tenant is not evicted then his status changes and he can claim ownership.
But there is nothing like this in the law. If the rent agreement is for 11 months and even after that the tenant maintains possession and status of the property then he is still bound to pay the rent and for the period after the rent agreement the tenancy is considered oral and apart from this the tenant can never claim adverse possession of the tenant’s property.
Now the question arises that if this is the legal position then why are rent agreements always made for 11 months?
First of all, rent agreements are not always made for 11 months, rather rent agreements are made for a period of less or more than this – but most rent agreements are made for 11 months, the reason behind this is that according to the Indian Registration Act, any rent agreement which is for more than 11 months is required to be registered.
That is, without registering that rent agreement in the sub-registrar office, it is not considered a valid rent agreement and to avoid this process of registration, people write a rent agreement for 11 months and in the same rent agreement, this clause is also inserted that if the tenant occupies that property even after the expiry of the period of 11 months, then he will be given this much rent in lieu of the rent of the previous period.
And on this basis, that rent agreement continues even after the expiry of that rent agreement – So in this way, make two things very clear in your mind that no matter how many months any tenant occupies the property For the duration of the rent, his status does not change, he will always remain a tenant And secondly, if the tenant occupies the property even after the 11-month period is over, he will be paid this much rent in lieu of the rent of the previous period.
And on this basis, the rent agreement continues even after the expiry of that rent agreement – So, make two things very clear in your mind that no matter how many … during the period of rent agreement, if the tenant continues to occupy the property, his status will always remain that of a tenant.