deepakmishra.lnt@gmail.com
in Property Law
Asked April 02, 2016

tenants right in the property

  • 1 Answer
  • 173 Views

Dear Sir I have been living in an asbestos shaded house constructed at my own cost on first floor for past 20 years. I had paid 40000 in advance and RS 100/- was finalized as rent. I don’t have any lease/agreement for the rented house as Landlord was very close to our family so it was just verbal promise. I have paid rent for first 3 months but haven’t received   any receipt and thereafter no one came to take the rent. Now the landlord has died and his son has sold the property to some builder, who is about to build a multi-storied building and asking us to vacate the place and saying my stay is illegal .Please suggest me what rights do I have. Note: I have electricity bill in my name and all my identity proof (ration card, passport, voter card)are of that address only .

Answer 1

Answer prepared by a Lawfarm Research Member, Shreyan Acharya:   The issue related to the lease of an immovable property is covered by an Act[1] that came into effect in 1882. Sections 105-117 of this Act deal with the lease of an immovable property. In the present situation, we need to show the validity of the lease without a lease agreement. Here, the doctrine of “tenancy at will” can be raised. “Tenancy at will” means where a tenant agrees to live as long as the landlord allows him to do so or vacate the premises when the landlord ask him to do so. No registration is required in such a case.[2] In your case,
  • the advance money was paid,
  • landlord received the rent for 3 months and,
  • The tenant (you) have the other required receipts to prove its validity.
So, it can be inferred that the lease of the house is valid even without a lease agreement and the stay is not illegal. Hence, the validity of the lease cannot be challenged based upon the provided information. Coming to the point of notice to quit, courts have stated that a notice has to be very clear and must give at least 15 clear days to quit[3]. Courts have also observed[4] that where the landlord seeks a decree of ejectment[5], a notice to quit is necessary. But, in the present situation, based upon the provided information, the act of the landlord is not according to what the Courts have said. Hence the order to vacate the place is wrong and not according to law. The Landlord does have the authority to retain the property. He can also remove you from his property BUT this should be done according to law, and not arbitrarily. Tenants also have rights under law. They cannot be evicted or removed without proper notice.     [1] Transfer of Property Act, 1882 [2] Held in Udaram v Tej Koran AIR 1975 Raj 147 [3] Gopinath Mukherjee v Uttam Bharti AIR 2009 Cal 58 [4] Indubhushan v Haribhajan Singh AIR 1976 Pat 280 [5] A decree from the court evicting the tenant/ removing the tenant from the property
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