keshavbajaj96@gmail.com
in Property Law
Asked April 23, 2016

Tenant occupying the property

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sir , i m a 19 year old student pursuing my ca study from jaipur  we have a property near hawa mahal jaipur . which is on rent.  we think one of the tenant dinesh jain has taken rs 600000 from our tenant tilak malhotra and handed over shop to him . dinesh jain is giving us rent on time but there are rumours that he come to shop for five minutes a day . shop is opend and closed by mr malhotra . we have signed an agreement with dinesh jain for this on stamp paer but we still think that he has sold his rented part to mr. malhotra for six lakh. we heard this from other tenant . actualy my father died 18 years ago . and since then all the tenants are lving there . rent is coming properly but still we doubt that they are up to gulp up our property . what are remedies ?? please answer

Answer 1

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Saumya Kumar
For a person to sell a property he must have ownership over the property. The lease agreement between you and Mr.Jain does not shift the ownership to Mr. Jain. Therefore if the allegations are true that Mr. Jain has sold the property then it is an illegal transfer. While selling a property the seller has to provide a proof to the buyer that the title of the property is clear and is not in dispute. In the concerned property, it is evident that Mr. Jain has no title over the property therefore the transfer of the same to Mr. Malhotra is not possible. Unfortunately it is not an impossible task to procure fake title deeds. Therefore it is very important for you to have a pro-active approach. Make sure you have all the documents like the title deed and the lease agreement with Mr. Jain in order. If the property is registered in your father’s name, initiate the process to transfer the same in your name or your mother’s name as your father’s successor. Make sure that in the intervening period of 18 years no sale deed was executed between your family members and Mr. Jain. Once your documents are in order, discuss the matter with Mr. Jain and question him about the allegations. If Mr. Jain claims that he is the rightful owner of the property, then you will have to approach the Judiciary to make a claim over your property by the following way - Considering the facts given by you it seems that your property is a commercial property in the Jaipur district which will be covered by the Rajasthan Rent Control Act, 2001. Under Section 9(f) of the Rajasthan Rent Control Act you can file a petition before the Rent Tribunal in Jaipur to show that the lessor has wrongfully claimed your property as his own.[1]The Rent Tribunal will notify Mr. Jain who will be asked to present his claim before the Tribunal. Depending upon the facts and evidences presented before the Tribunal, it can issue a certificate for recovery of immediate possession in your favor.[2] Take the assistance of a lawyer well versed with the procedures of the Tribunal to guide you through. In case your property is a residential property with rent more than Rs. 7,000 then the Rajasthan Rent Control Act will not apply[3] and you will have to rely on Transfer of Property Act, 1882. Under Section 111(g) 2 of the Transfer of Property Act, a lessor can terminate the lease if the lesse denies the ownership of the lessor.[4] Clearly your example falls in this category and therefore if Mr. Jain claims that he owns your property then you must send him a notice to terminate the lease agreement under Section 111(g) 2 of the Transfer of Property Act. In this situation make sure that you do not accept any rent from him after the notice. This is because under Section 112 of Transfer of Property Act acceptance of rent after the notice means that you do not intend to terminate the lease agreement and want Mr. Jain to continue as a lessor. In the current situation it is advised that you must try your best to terminate the lease agreement to prevent him from usurping your property. In the notice you must clearly mention that the lease agreement will be terminated within a stipulated time period failing which the tenant would be treated as trespasser and an order for eviction can be filed against him. In the possible scenario if Mr. Jain does not leave the premises then you can file for eviction and recovery of possession under Section 15 and Section 16 of the Rajasthan Rent Control Act, 2001 respectively.   [1] Procedure given under Section 16 of the Rajasthan Rent Control Act,2001 [2] Under Section 16(5) of the Rajasthan Rent Control Act,2001 [3] Section 3 (a) of the Rajasthan Rent Control Act, 2001 [4] Guru Amarjit Singh v. Rattan Chand, AIR 1994 SC 227; Naeem Ahmed v. Yash Pal Malhotra, RFA NO.74/2002, Available at < http://delhicourts.nic.in/FEB12/NAEEM%20AHMED%20VS.%20YASH%20PAL%20MALHOTRA.pdf >  
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