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Protest within 12 Years or Lose Your Property: Top 9 Points - 2020

house on rent in mumbai without brokerage

1. If you are the owner of a property and you do not file a case or evacuate the mortgagee in possession of your property within 12 years, the person in possession of the property will become its new owner and you will lose your ownership. 

2. On 7th August 2019, the Supreme Court of India made the following statement on this matter; No one can remove the mortgagee in possession of the property without proper legal action. If the squatter is possessing a property illegally for over 12 years, then the legal owner doesn’t have the authority to remove him. In these situations, the squatter will get the legal rights and ownership of the property. 

3. Supreme Court clarified that if a mortgagee in possession becomes the lawful owner of the property, then even the real owner of the property doesn’t have the authority to remove him. If the previous owner forces him to leave the property, then he is legally allowed to file a case against the real owner and get his property back. 

4. Limitation Act 1963, specifies that limitation for the statutory period on private immovable property is 12 years and 30 years in case of government immovable property. This period starts from the day when a squatter possesses a property. 

5. The Supreme Court referred to Section 65 of the Limitation Act to explain that an adverse mortgagee in possession can file a lawsuit to save his property.

6. The Supreme Court of India specified that this rule will not apply on any government property. 

7. Many people do the mistake of not making a rent agreement while renting their property. This can lead to very harmful situations, as without a rent agreement anyone took over your property and become its owner after 12 years. 

8. It is advisable to make a rent agreement before renting your property to avoid taking over your property by the tenant. You should take monthly rent from your tenants, and if they do not do so, send them legal notice and take action. 

9. The owner should renew the rent agreement after its expiry. After the expiration of the rent agreement, we consider the tenant a squatter. A tenant can never be the owner of a property irrespective of how long he stays there.

This article is written for educational purposes, this is not for any kind of advertisement of the writer.


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