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Rekha Rao (Counsellor )     26 November 2009

need advice in property law

My father-in-law has inherited a property(residential house) from his parents. He is the sole inheritor of the same. The propery is in Jamshedpur, Jharkhand.
The property is rented out to a family since the past 20 years. There is no formal rental agreement between the parties. It is a mutual agreement that the tenant deposits a decided amount in the account of my father-in-law.

Recently my father-in-law retired and wanted to sell the property so that he can invest the money in Bangalore. My husband proposed to purchase the property from him(as in future he wants to settle in Jamshedpur). My father -in-law went to Jamshedpur and met the tenants and asked them to vacate the house within 3 months.The tenants expressed their interest in purchasing that property.


Question 1: Does the tenant have any right(s) to not vacate the property and claim that to be his own or ask compensation?

Question 2: Since my father-in-law is interested in selling the property to my husband. Is my father-in-law bound to sell it to the tenant? Can the tenant contest if it is sold to my husband?

Kindly suggest on what can be done



Learning

 4 Replies

Kiran Kumar (Lawyer)     26 November 2009

Answer No.1: your tenant is not entitled to any compensation legally. A tenant remains tenant, he does not become owner by a long stay in a particular property. Since the property stands in ur father in law's name so he can not claim himself as owner of the property. However, nowadays a lot of tenants do blackmail landlords while vacating the property. You need not to worry on that count as there are a lot of grounds available for eviction. But I will still suggest if some amibcable settlement is made out that will be good too.

Answer No.2:- Your father in law is not bound to sell the property to the tenant. Your tenant is not having any pre-emptive right in purchase of the property. Go ahead with the deal, buy the property. If the tenant does not vacate during the period then after transfer to property in ur name, serve a notice upon the tenant for change of ownership/landlord.

adv. rajeev ( rajoo ) (practicing advocate)     26 November 2009

i t is already answered  in the expertcolumn.

K. Rajendra Prakash (Advocate)     30 November 2009

Question 1: Tenant has has no such right.  Cannot claim any compensation.

Question 2: Your father-in-law is not bound to sell to the tenant.  Bye the property.  You need not wait till the tenant vacates.  Go ahead.  Good luck to you.

 

Srinath Kondapally (Advocate)     04 December 2009

Rekha rao,

Tenant is always tenant, tenant has no right at all and can't demand and force your father-in-law to sell the same to him/her, he is bound to vacate the house at any time  as per law, and ur father-in-law is at liberty to sell his property as per his will and wish hence ur husband and ur fatherinlaw may proceed with execution of relevant regn.process


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