Retired Justice K Chandru  
Chennai

Lawfully yours: By Retired Justice K Chandru |Paying rent for decades doesn’t grant tenants ownership rights under Indian property law

What does the law say on such issues, and what is the proper way to resolve them so that peace is maintained and faith is not politicised?

Justice K Chandru Retd

Many people believe that occupying a rented house or commercial property for decades sometimes over 20 years can eventually make the tenant the owner.

Conflicting interpretations of property laws have added to this confusion, with some tenants assuming that long-term possession or continuous rent payments slowly convert into ownership rights. While tenancy rights may sometimes pass to immediate family members, it remains unclear whether such continuation has any impact on ownership.

I would appreciate a clear explanation of whether prolonged tenancy, inheritance of tenancy rights, or uninterrupted possession can legally override the rights of the original property owner in India.

—Ranjini Sebastian, Madhavaram, Chennai

Indian property law is clear that long-term tenancy does not create ownership rights. Ownership through adverse possession arises only when a person occupies property openly, continuously, and against the owner’s interests for at least 12 years. A tenant or lessee cannot meet this requirement because paying rent or lease amounts legally acknowledges the owner’s title.

Such possession is permissive, not adverse. Even where tenancy rights are inherited by family members under rent control laws, ownership does not transfer. The legal owner’s title remains intact unless the property is sold, gifted, or transferred through a valid legal process.

Apartment assns cannot install audio-enabled CCTVs without consent or prior proper notice

Can an apartment association legally install a CCTV camera with audio recording capability in a common corridor area adjacent to an individual flat without informing residents or obtaining consent from the affected flat owner? Such installations raise concerns about constant surveillance and intrusion into private conversations. Many residents are uncertain whether associations have unrestricted powers to monitor common areas, especially when audio recording is involved. If this practice is unlawful, what should be the immediate and effective steps a resident can take to protect their privacy rights and seek redress against the apartment association?

—Krithika N

Apartment associations do not have unrestricted authority to install surveillance systems that infringe on residents’ privacy. While CCTV cameras without audio may be permitted in common areas for security, audio recording is highly intrusive and requires informed consent of the joint owners.

Installing such cameras without prior notice or transparency is legally objectionable. An affected resident should first raise a formal written objection and demand the removal of the device. If the association fails to act, the resident may approach a civil court seeking an injunction and relief for violation of the constitutional right to privacy.

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