Residential property
sakshi
(Querist) 25 March 2014
This query is : Resolved
Dear Sirs,
Tenant is currently living in a house for more than 50+ years and rent was paid in beginning somewhere in 1947 for 3-4 years (Rent receipt in place). Afterwards there was change in ownership (Not sure who claims to be landlord whether actually is or not) which was not communicated to tenant and continuing living without any interruption by landlord. As per Limitation law a landlord cannot file suit to recover the possession after 12 years from the date tenancy is determined. I want to know what re course is available to tenant? Whether continuing living so long will give any claim in title of this property? How can proceed further? bcz present landlord is not agree to give enough money to change the house? Experts are requested to kindly guide. Thank you in advance.
ajay sethi
(Expert) 25 March 2014
tenant is always a tenant . he cannot claim ownership rights on the property
sakshi
(Querist) 25 March 2014
Thank you sir. That's Agreed tenant cannot claim ownership right but what can be done legally if landlord is also not offering good amount to vacant the property? I think there must be some protection to tenant as well? why time barred is provided to file suit to recover the possession by landlord? we legally wants to proceed. kindly help, in case you have any citation or opinion ?
ajay sethi
(Expert) 27 March 2014
continue remaining in possession . find out market value of property . pay the landlord 1/3rd consideration and leave the property .you will get 2/3rd of market value of property .
if landlord refuses to give consent continue in possession
sakshi
(Querist) 08 May 2014
Thank you Ajay Sir, for your advice.
sakshi
(Querist) 08 May 2014
IS there any one have practical exposure in handling of this type of cases, please drop contact details.
Thank you in advance.
ajay sethi
(Expert) 08 May 2014
thanks for your appreciation
