Partial owner of a property
Querist :
Anonymous
(Querist) 20 September 2018
This query is : Resolved
I have a shop. In 1988, this shop was divided in 2 parts, each having diff. owner. That time i purchased 1 part from the 1st owner and he did sale deed in my name. The 2nd owner leased his part to me as he did not want to sell. In the lease deed done 30 years back it was stated "the second party (me) is at liberty to make any addition or alteration on or in the demised premises and the first party (in this case owner) shall have no objection for the same". Since 1988 i have been running shop of which half part i am owner and half i have on lease.
In 1997 the other owner sold this leased part to a 3rd party and since 1997 i am paying rent to the 3rd party on basis of the original 1988 lease . Now the shop needs renovation. My query is if i do renovation can 3rd party object or stop the work by calling police. We are not on talking terms and i deposit rent every month in his account. If i ask him for permission to renovate he will say no. I feel rules of old lease are valid as he bought the half part knowing pre-existence of lease, he has been accepting lease rent since 1997 and lease agreement entered before the acquisition should be bound on the new acquirer i.e. 3rd party. Please advise.
Guest
(Expert) 21 September 2018
Is there any specific reason in keeping yourself as anonymous?
Raj Kumar Makkad
(Expert) 21 September 2018
In the given facts there is no requirement of starting talking terms just for the purpose of renovation of the leased out shop. As the subsequent buyer has stepped in the shoes of previous owner hence he is bound by the terms and conditions already executed between you and previous owner. You give him a legal notice through a lawyer stating therein the deteriorating condition of the property and further his liability to get it repaired/renovate failing which you seek direction from the civil court.
Raj Kumar Makkad
(Expert) 21 September 2018
The question raised by Ld. Dhingra is also worth mentioning. You should reply to the same.
ashok kumar singh
(Expert) 21 September 2018
agree with expert opinion...................
Querist :
Anonymous
(Querist) 22 September 2018
Thank you for the kind reply. There is no reason to keep myself as anonymous. I think I did entered my name while raising the query. It took it as anonymous by itself. Regards, Rakesh
Querist :
Anonymous
(Querist) 22 September 2018
To the respected opinion of expert Mr. Makkad, I have a small query. As suggested by him, 3rd party is bound by terms of lease deed executed prior to his purchase. I feel sending him a legal notice for renovation may unnecessary heat up the issue. I am willing to do renovation at my own cost, so I think I should just go ahead with renovation at my own cost. Kindly suggest. Thank you.
KISHAN DUTT KALASKAR
(Expert) 22 September 2018
Dear Sir,
You can do both of your proposed options. By the by you may go through the following circular.
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Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
