can i sale my house with tenant?
akshay dange
(Querist) 10 February 2010
This query is : Resolved
we have our house which was rented from last 30years. The person recently passed away who was tenant by agreement. but his married girl is calming the right as a tenant on it. in this situation can i sale my property to the buyer who is ready to buy with this problem & ready to solve it at his end? if so than what kind of sale agreement i can do ? thank you
R.R. KRISHNAA
(Expert) 10 February 2010
You can sell the property when you have a good buyer who is willing to take care of the problems. A Sale agreement with a clause that "It shall be the duty and responsibility of the buyer to evict the tenant in the premises at his own cost" in eloborate terms is sufficient.
Raj Kumar Makkad
(Expert) 10 February 2010
There is no legal hurdle before you to sell your rented property. married daughter has no claim against the tenancy going on since last 30 years.
B K Raghavendra Rao
(Expert) 10 February 2010
You are the owner. You are at will to sell it or not, there is no hindrance. But, you have to mention in the sale deed about the tenancy and the rental advance amount, if any paid by the tenant, to be refunded by the new buyer later on at the time of tenant vacating the premises.
Any owner, whether yourself or the person who is going to buy the house, may evict the tenant only in accordance with law.
Parveen Kr. Aggarwal
(Expert) 10 February 2010
Legally, an owner can alienate his ownership rights in the property to any person even if the possession of the property is with some other person. In your case, the legal heirs of the tenant have inherited the tenancy rights after the death of original tenant and the right of possession remains with them. If the purchaser is ready to purchase the property then you may sell it to him subject to the condition that the sale deed must contain recitals about the tenancy and rights and obligations of the owner towards the tenant with a stipulation that the purchaser alone shall got all the entitlement and liabilities towards the tenant (his heirs).
Guest
(Expert) 10 February 2010
Sale agreement is generally the same in all cases of sale of properties. Since the buyer is ready to buy the property without vacant possession, the tenancy laws will be squarely applicable to the buyer between himself and tenant after the sale is effected. All you have to do is after sale is registered, you shall cause attornment of tenancy to the buyer and a copy of which give to your tenant and ask your tenant to pay rents thenceforth to the buyer. Tenant is always a tenant whether bound by any written agreement or not. The daughter of your deceased tenant is also a statutory tenant under you once you started taking rent from her.
