Anonymous
Asked June 25, 2016

ownership of the tenant

  • 1 Answer
  • 78 Views

Respected Sir/Madam, My self Pratap residing at mumbai with my whole family including Mom, dad, younger brother & my wife in a 32 years old rented room. My father had deposited small amount To owner A. (which dose not have any deposit receipt) took this room on rent in 1984. Me, my elder sister & younger brother born in the same place. My dad had old rent receipt, Ration card, Election card on the same address since 1984. In 1993 year we had filed a case against the owner due to frequently & highly increasing rent. After few years we won the case & court had given a judgment to pay nominal rent. We were paying the same in court & later on through money order which agreed by owner in court. After few years. owner, her son, her daughter in law had passed away one by one & her grand son (Mr. B) was minor age (below 18 yrs). Hence some of there relative had taken his responsibilty & took him some where with them. We were not in contact since last 8-10 years as we didnt know his address & contact no. He have never taken care of our room, even not repaired any thing at our room. We have carried out 2-3 major repaires & lots of minor repairs in last 32 years. Now when grown up he have sold that property to some one else (C) without any intimation to us. This property is around 3000 sq ft & my room is of 250 sq feet carpet area. Now C is fighting with us to get this room empty. As C is saying he buy this propety & he have registerd power of attorny. We are still not sure that mr. B had realy sold this property or not? I want to know followings... 1) Can Mr. B sale this property including our 32 years old redident room without intimating us? Is this legally acceptable? If is not then what i have to do to? 2) can't we get ownership of the room atleast considering 32 years of tenancy? If it is possible what i need to do? May i know under which act tenants can get ownership in such cases 3) what i deserve to get from A or B ? (Room against Room or Money against room?) I have following documents with me pls. Consider & request you pls. Let me know which can be helpfull in my case as a evidence. *Ration card since 1984-1999 & revised new one from 2000- till date * Rent receipt & Money order slip since 1984 to 1995 * court Result & case paper (Rent control) * Adhar card, Election card, passport in same address. * Do not have water bill & Electric bill as it is on owners name. We have all electric bill since 1984 to till date which we was regularly paying.

Answer 1

Default avatar
Srija Choudhury
Section 55(1)(a) of Transfer of Property Act clearly states that the seller(lessor) should disclose material facts about the property, non disclosure of which will amount to fraud. After looking into the facts of the present situation, if there is a lease agreement then the termination of lease period will carried on as per prescribed in such agreement which was agreed upon by the lessor and the lessee, even if we assume that there is no written lease agreement between the parties, according section 106 of the Transfer of Property Act a fifteen day notice period is given by the actual owner of the property. Any major action taken with regard to the leased out property should be intimated to the tenant of such property. Section 108 of the TP Act gives out duties of lessor toward the lessee. If there is no fault in payment on the part of the lessee, the lessor cannot drag them out without any valid reason. Section 16 of Maharashtra Rent Control Act, 1999 gives out the reasons for which landlord can recover possession of the leased out property. A lessee is always a lessee and cannot become an owner of the said property until he buys the property from the lessor. Ideally, it should be lessor’s first preference to sell the leased property to the lessee, but it is not compulsory. In this present situation, the terms and conditions of the lease agreement will be of crucial nature. In case Mr. C may try to evict you out of the property but you need to stay strong on the grounds that you are not a defaulter in payment and there are no reasonable grounds to evict you. You can also question the title of the leased out property as it was allegedly sold to Mr.C with encumbrances.
Agree Comment 0 Agrees 10 months ago

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