Can Tenants Or Outsiders Claim Rights To Inherited Property Through Adverse Possession?

Under Indian law, the doctrine of adverse possession allows a person who has been in continuous and uninterrupted possession of a property to claim ownership rights, even if they are not the legal owner, provided certain conditions are met. This concept is applicable to both tenants and outsiders (non-owners) who might claim rights to inherited property through adverse possession.

1. Adverse Possession Defined

Adverse possession means that a person who is not the original owner of the property, but has possessed it openly, continuously, and without permission for a period of time, can claim legal ownership rights over the property.

Under the Limitation Act, 1963, the possession must be adverse to the true owner and must be continuous for a period of 12 years for private property and 30 years for government land, without the owner taking action to reclaim the property during this period.

2. Conditions for Adverse Possession

To claim ownership through adverse possession, the following conditions must be met:

• Continuous Possession: The person must occupy the property without interruption for the required time period. Intermittent or temporary possession does not qualify.
• Open and Notorious Possession: The possession must be open, meaning the owner is aware or should have been aware that the person is using the property.
• Hostile Possession: The possessor must treat the property as their own, without permission from the original owner. They must not be acting as a tenant or under any contractual agreement with the property owner.
• Exclusive Possession: The person claiming adverse possession must be in exclusive control of the property, not sharing it with the original owner or others.
• Non-Permissive Possession: The possessor must occupy the property without the permission of the original owner. If the possessor is a tenant, they cannot claim adverse possession unless they have been occupying the property after the tenancy has ended or the owner has not taken any action.

3. Impact on Tenants

Tenants generally cannot claim adverse possession of inherited property, as their possession is based on a contractual agreement with the landlord or property owner.

If a tenant continues to occupy the property after the lease or tenancy agreement has ended without the landlord’s consent, the tenant may attempt to claim adverse possession. However, such claims are subject to the condition that they have been in exclusive and uninterrupted possession for 12 years and have treated the property as their own.

If a tenant is still paying rent, they are considered to be in permissive possession, meaning they do not have the right to claim adverse possession because the landlord has consented to their occupancy.

4. Impact on Outsiders

Outsiders or individuals who are not tenants but have been in continuous possession of inherited property may be able to claim ownership if they satisfy the conditions for adverse possession, particularly the 12-year continuous possession period.

This could apply in cases where the legal heirs of the inherited property have not been residing in or actively managing the property for 12 years or more, and the outsider has occupied it without interruption, openly, and without permission.

5. Legal Precedents

In Nair Service Society Ltd. v. Rev. Father K.C. Alexander (1969), the Supreme Court of India ruled that adverse possession must be based on clear, uninterrupted, and hostile possession. It cannot be based on an ambiguous or temporary arrangement.

In K.K. Verma v. Union of India (1954), the court held that possession must be without any legal recognition, and if the possessor’s entry was made with permission or under a lease, then they cannot claim adverse possession.

6. Adverse Possession and Inherited Property

In cases of inherited property, the legal heirs can face adverse possession claims if they do not actively manage the property or take legal action to assert their ownership within the prescribed time period.

If the legal heirs do not take any steps to assert their rights (such as paying property taxes, keeping the property in use, or taking legal action), an outsider or even a non-occupying co-heir may claim ownership through adverse possession.

7. Time Period for Adverse Possession

The Limitation Act, 1963 prescribes a 12-year time period for a person to claim ownership of property through adverse possession. If a person has been in continuous and exclusive possession of inherited property for 12 years without the rightful owner taking legal action to regain possession, they can file a suit for ownership.

In the case of government land, the time period is extended to 30 years.

8. Example

If a tenant, B, has been occupying a property inherited by C for 15 years after the lease ended and C never took legal action, B may attempt to claim the property through adverse possession, provided the possession was without permission and meets the other conditions.

Conclusion:

Yes, tenants or outsiders may be able to claim rights to inherited property through adverse possession, provided they satisfy the necessary legal requirements such as continuous, open, and exclusive possession for a period of 12 years. However, tenants who are in possession with permission (such as under a lease agreement) cannot claim adverse possession. Legal heirs must be vigilant in asserting their rights to prevent such claims, as long periods of non-occupation or neglect can lead to the loss of ownership through adverse possession.