Q & A
Tenant can never claim ownership
I have a small house at Attapur and while living in one of the portions, I had let out two others. The tenants have been staying here for the last 11 years and we had a good relation all these years. Now that my two sons have grown up and I am in the process of getting them married and need more space at home, I had asked both the tenants to vacate at the earliest. Though they have been asked in April, they have not made any effort to find another accommodation and shift. I have been reminding since then. Few days back, they said they will not move out as they have been staying here for so many years. One of them is saying that if one stays at a place for a decade, the property becomes his. Is it true? There is no written agreement between us and all the bills, electricity and water, are in my name only. Should I approach the police or file a case in the court?
Md.Najib
Attapur.
Senior Advocate K. Ravinder Reddi answers: A tenant whatever the period of tenancy, shall be a tenant only and will never become the owner. The law of adverse possession cannot be pleaded by a tenant. You have not mentioned the amount of rent you are receiving from the tenants. The amount of rent and the age of building are the criteria for filing appropriate application/suit.
The police have no role in the subject matter as the same is purely of civil nature. You are advised to consult an advocate for filing appropriate application/suit for eviction and for recovery of arrears of rents.
We are living in a house that is part of ancestral property passed onto me by my father. It is registered in my name and is free of any litigation or problems. I have three sons and the elder one wants to avail the home loan to build an additional floor. For this purpose, he met some bankers who advised him to get the terrace rights transferred to his name from me.
It seems, they promised to get the loan approved if the rights are in his name and then he can take up the construction. Is this practice acceptable and if so, I want to know what kind of control over the house do I stand to lose. I have two more sons and at present they have no objection in my transferring the rights.
Do the rights of the first floor, rest with my elder son only? Will the rights of the existing ground floor get affected in any way because of this?
Sudarshan Reddy
KPHB Colony
The moment you transfer the terrace rights to your son, your rights in the property are limited to ground floor only unless a specific condition is put in the deed that the terrace rights over the first floor belongs to you.
Your son will become the owner of the entire first floor built on the terrace with all the proprietary rights.
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