Law4u - Made in India

What Is BSA Section 122?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 122: Estoppel of Tenant and of Licensee of Person in Possession

No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy or any time thereafter, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the licence of the person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when such licence was given.

Brief Detail

This section addresses the principle of estoppel concerning tenants and licensees of immovable property. It stipulates that tenants cannot deny their landlord's title to the property during the tenancy or afterwards. Similarly, individuals who enter a property through the permission of the person in possession cannot challenge that person's title at the time the license was granted.

Question & Answers

Q1: What does Section 122 of the Bhartiya Sakshya Adhiniyam, 2023 state?

A1: It states that tenants and licensees cannot deny the title of the landlord or the person in possession of immovable property during or after the tenancy.

Q2: Who is affected by this estoppel?

A2: Tenants of immovable property and individuals claiming through them, as well as licensees of the person in possession.

Q3: Can a tenant deny their landlord's title after the tenancy ends?

A3: No, a tenant is not permitted to deny the landlord's title at any time after the tenancy.

Q4: What about a licensee; can they challenge the title of the person who granted them access?

A4: No, a licensee cannot deny that the person who granted them the license had a title to the possession at the time the license was given.

Example

1. Case Example: If a tenant has been living in a property and later claims that the landlord did not own the property, they cannot deny the landlord's title during or after their tenancy.

2. Legal Application: A person who enters a property with permission cannot later argue that the person who allowed them access did not have the right to grant that permission.

Summary

Section 122 of the Bhartiya Sakshya Adhiniyam, 2023 establishes the estoppel principle for tenants and licensees regarding the title of immovable property. It prevents tenants from denying their landlord's title and protects the rights of individuals who enter a property by the permission of the person in possession, ensuring that they cannot contest that person's title at the time of licensing.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Virendra Popatrao Waghmare

Advocate Virendra Popatrao Waghmare

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Supreme Court

Get Advice
Advocate Bijendra Singh Yadav

Advocate Bijendra Singh Yadav

Civil,Consumer Court,Criminal,Divorce,Anticipatory Bail,

Get Advice
Advocate Parmeshwar Jaiswal

Advocate Parmeshwar Jaiswal

Motor Accident, Succession Certificate, Court Marriage, Cheque Bounce, Revenue, Criminal, Civil

Get Advice
Advocate Alageswaran Rk

Advocate Alageswaran Rk

Criminal, Cyber Crime, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Property, R.T.I, Trademark & Copyright, Wills Trusts, Cheque Bounce, Banking & Finance, Anticipatory Bail, Civil, Corporate, Customs & Central Excise, Divorce, Documentation

Get Advice
Advocate Nakul Sharma

Advocate Nakul Sharma

Anticipatory Bail, Court Marriage, Criminal, Divorce, Family

Get Advice
Advocate H K Barot

Advocate H K Barot

Criminal, Civil, Cheque Bounce, Divorce, High Court, Motor Accident, Medical Negligence, Labour & Service, Landlord & Tenant, Documentation, Child Custody, Breach of Contract

Get Advice
Advocate Sopan Gaidhani

Advocate Sopan Gaidhani

Documentation, R.T.I, Revenue, Succession Certificate, Civil

Get Advice
Advocate Sabnam Khatun

Advocate Sabnam Khatun

Anticipatory Bail, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Family, Motor Accident, Muslim Law, R.T.I, Recovery, Wills Trusts, Domestic Violence, Landlord & Tenant, Property, Succession Certificate

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.