12 Year Property Rule in India: What will a person do if the income is eighty-eight and the expenditure is one rupee? Obviously he will try to increase his income. This is the reason why people across the country invest in property in big cities like Delhi-Mumbai and after getting possession of it, they put it on rent. Let us know about it in detail.
House rent provides a permanent income. But people who are unaware of the rules related to this also cause harm to themselves. Many times, property owners do not take care of it for years after offering it on rent. They are only concerned with the rent which reaches their account every month.
This is carelessness and some day it can prove very costly. There are some rules in the property law where a tenant can claim rights on a property after living on it for 12 consecutive years. Although its terms and conditions are quite stringent, your property may come under dispute.
The law of adverse possession dates back to the British era. If we understand it in simple words, then this is the law of illegal occupation of land. However, in the circumstances given above it is accepted. The 12-year law does not apply to government property. This is done under a very old law. Many times due to this the owners have to lose their property. People who have been living on rent for a long time try to use it many times. This is where the landlord needs to be alert.
Under what circumstances is recognition granted?
If the property has been peacefully occupied and the landlord is aware of it, then ownership of the property can be claimed under adverse possession. The biggest factor in this is that the landlord should not have imposed any restriction regarding the possession during the period of 12 years. That is, it is also necessary to prove that the possession of the property was continuous and there was no break in it. The occupier also needs property deed, tax receipt, electricity or water bill, affidavits of witnesses etc.
How to protect
The best way to do this is to get a rent agreement made before renting the house to anyone. It is for 11 months and hence it will have to be renewed every 11 months which will be considered as a break in the continuous possession of the property. Second, you can change the tenant from time to time. You should always keep an eye on your property to see if there is any illegal encroachment there. Trusting someone and leaving your property lying idle can cause you losses.
