Understanding Adverse Possession in India: Fact vs. Fiction

There is a common myth that if a tenant stays in a property for 12 years, they become the owner. This is a gross oversimplification of the legal doctrine of Adverse Possession.

What is Adverse Possession?

According to the Limitation Act, 1963, if a property owner does not stake their claim over their property for 12 years against a person who is in "hostile" possession of it, they may lose their right to the property.

However, for adverse possession to be valid, the possession must be:

• Continuous: Without a break for 12 years.
• Open: Not hidden; known to the neighbors/public.
• Hostile: Without the permission of the actual owner.

Can Tenants Claim Ownership?

Generally, no. Possession by a tenant is considered "permissive possession." Since they entered the property with the owner's permission (via a rent agreement), their possession is not "hostile."

How to Protect Your Property

To ensure you never face this issue:

1. Always have a registered Rent Agreement.
2. Renew agreements every 11 months.
3. Keep receipts of property tax payments.
4. Ideally, do not let a property sit vacant and unattended for decades.