Eviction and purchase of house
Rekha Rao
(Querist) 26 November 2009
This query is : Resolved
My father-in-law has inherited a property(residential house) from his parents. He is the sole inheritor of the same. The property 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 what can be done
Thank you for your valuable time.
Kiran Kumar
(Expert) 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 )
(Expert) 26 November 2009
No not at all they are tenants they cannot claim any compenstion. Your F-I-L is not bound to sell the house to the tenant. Ur FIL can sell to any body.
Just insist your FIL to sell the property to ur husband, after ur husband can say the tenants to vacate the house.
Ur FIL can also issue legal notice to the tenant to vacate the house under the Transfer of property act, this can be done by ur husband after purchasing the property.
U said house is ancestral property of ur FIL, his sons and daughters and ur Mother in Law has got equal share then how come he sell the property to ur husband, he has got equal share.
Raj Kumar Makkad
(Expert) 26 November 2009
My opinion ooincides with Rajeev and Kiran.
Ashok Yadav
(Expert) 26 November 2009
The tenant of that house has no right to claim the purchase of property..... ur husband can purchase the property in his name and if the tenant denys to vacate the premises.... serve a notice to him... and file a suit for Eviction in the civil court... But it will take time..... so if u have not time you should reach an amicable settlement with your tenant... he will have to vacate the premises.......
Legal Eagle
(Expert) 26 November 2009
As regards the property being ancestral or not depends on the doucmentation executed.
It is not compulsory for your father in law to sell the said premises to the tenant. However, he has to have proof that he is the only owner of the said premises.
You can also purchase the premises. I don't see any problem. Your father in law will have to send them a notice of eviction and inform them that he intends to sell the said premises.
If the relative is giving a better offer, then the decision is of your father in law to whom to sell.
niranjan
(Expert) 26 November 2009
It would be my advise not to purchase the property alongwith the tenant,however consult the lawyer to find on what grounds you can file the suit for eviction after you have purchased it.I agree with other experts.
