Can a Tenant Claim Ownership Through Adverse Possession: An Illustrative Scenario

The situation below is a composite illustration, not an account of an actual client matter, and is used here only to show how the law applies to a common set of facts.

The illustrative scenario

The question

This raises an obvious question:

How the general rule applies

In Jyoti Sharma v Vishnu Goyal (11 Sep 2025), the Supreme Court held that a tenant cannot deny the landlord's title, and that permissive possession (possession with the owner's consent, such as under a tenancy) is not adverse possession.

No. The Supreme Court held in Jyoti Sharma v Vishnu Goyal (11 Sep 2025) that a tenant cannot deny the landlord's title, and that permissive possession, such as under a tenancy, does not count as adverse possession.

What often gets missed in situations like this

• Assuming long occupation as a tenant, licensee, or family member automatically ripens into ownership — adverse possession requires possession that is hostile to the true owner's title, not possession with their consent.

As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.

For the general rules, see Can a Tenant Claim Ownership Through Adverse Possession?, Why a GPA or Agreement to Sell Does Not Transfer Property Title, Property Title Verification in India: What Due Diligence Covers, and Resolving Property and Land Disputes: The Legal Process in India.

If you would like this looked at against your own facts, a consultation is a reasonable next step.

This is general, educational information and not legal advice. Specific facts can change the analysis, so a qualified advocate should review your situation before you act.