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AMy father has leased 3 shop, some 3 decade back, and without his permission or knowledge the ownership was transferred to another person inside my city, 2 decade back. My father denied and rejected him as the owner, and has never paid the rent, saying if asked I would have bought this shop myself. He has a very good market name, and has run the shop for 2 decades without rent+any force from anyone. He was never once asked to vacate or asked for rent. He has paid for the shop renovation, electricity and other things in those year. My question is can we claim it? It has been 2 decade now.
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ITo make a successful adverse possession claim, all the following must be true:
1. Hostile Possession: Without permission of the true owner.
2. Actual Possession: The person must physically possess the property.
3. Open and Notorious: The possession must be visible and obvious to anyone.
4. Exclusive: Not shared with the true owner or public.
5. Continuous: Uninterrupted for at least 12 years.
6. Denial of Title: There must be a clear and consistent denial of the owner’s title.
Courts are reluctant to favor tenants claiming adverse possession, unless it’s clearly proven that:
The tenancy was terminated,
The possession became adverse, and
This was communicated or was obvious to the true owner.
Tenancy is initially permissive, so it must be clearly shown that it changed into “hostile” possession and the owner was aware of this or should have been.
So, consult a lawyer who knows how the law works, in Courts, adverse possession have very low success rate but you seem to have case.
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SNo you have no legal rights to the property. The erstwhile owner had no boundation to inform you of the change in ownership if it didn’t effect your tenancy status or violater the agreement. Your father cannot refuse to acknowledge the new owner however “popular” or good “name” he has. If the new owners insist you will have to renegotiate /vacate. The monies spent on renovation /maintainance would fall under routine maintainance. And what do you mean paid electricity bill ?? Isn’t everyone supposed to do that ?
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