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Pradeep (Properiotor)     07 January 2011

rented house from parents

I have heard regarding a law that states the tenant's owns the rented premises if the property is occupied by more than 40 years or so? its this correct?

It is actually a house rented for 60 years and we are not able to buy it since the owner wants it back!!Neither could we make repairs etc.

What available options do we have in this regards?

Best regards,

Pradeep



Learning

 3 Replies

Darshan Panchal (Advocate)     07 January 2011

there is no such law. if the owner wants the house evicted for a genuine reason i.e for his own requirement and accomodation he can definately seek relief from court. However, if it is not for a bona fide reason u can claim that u have been tenant for 40 years regularly paying the rent and other charges.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 January 2011

It is not easy for landlord to get possession.

Tenants the law is in your favor , just because you do not take proper care and hence you face problems.

1)     Pay rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts apply to the court for deposit of the rent in the court.

2)     Land lords can not increase rent , you will get protection from court., file suit for fixation of standard rent.

3)     If there is no lease agreement the harm will be more to landlord than tenant.

4)     It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm  will be more to landlord than tenant.

5)     Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and structural changes in premises without legal permission. Take proper precautions to avoid these traps.

6)     Landlords seek possession for personal needs also. Here you must be most diligent in collecting evidence of his other properties, history and actual need. If tenant can prove that he will have more difficulties  than the landlord than no eviction is possible on this ground.

7)     Reply any notice by taking most expert  legal advice only. Mistakes made in reply of notice can not be corrected later.

8)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help you to take its benefit.

9)     You must take assistance from  hard working and expert legal person from beginning. Once the initial steps are lost no  body can help you. Most of the tenants do just the reverse , they take advice from immature persons in the beginning  and run to experts at later stages when things go out of control so nothing can be done . Read any SC judgment in favor of landlords  and you will find the same story.

Bobby Mani T (Lawyer)     11 January 2011

There is no such law as property on lease for more than 40 years can be owned by the tenant or there is a transfer of ownerhship where the tenancy extends beyond any period of time.  You can make any essential repairs to the building.  But if you wants to realise the amount from the landlord you must get prior sanction of the accomodation controler.  This is the provision of law prevelent in Kerala.  There may be difference between each state laws. So take expert legal advice from your state.


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