Tenancy in maharashtra
Chetan Pardakhe
(Querist) 28 April 2012
This query is : Resolved
That A the old aged lady had 2 property in village of Maharashtra
Presently she residing with her sister at City and in both properties she gave part of it to her nephew for residence and shop respectively.
Now both the nephews were taking the disadvantage of her old aged destroyed her rest of the house.
My query is what suit I have to file because in Maharashtra the “Maharashtra Rent Control Act” does not attract in villages
Whether I can make pleading that both are the tenant and I can file suit for eviction and possession of part premises
Whether it is necessary to issue them notice as per the provisions of Transfer of Property Act though the matter is very urgent and the summer vacation is commencing on 7th May
Pls guide what to do urgently with provisions
Regards
prabhakar singh
(Expert) 28 April 2012
When they are relatives, say nephews,it would be better to call them care takers and licencee and NOT tenants unless there is some tenancy agreement in writing is incorporated.
In case tenancy agreement in writing is in existence,notice under section 106 of Transfer of Property Act would be must.
In case of a licence NO NOTICE is required as legally a licence can be revoked even ORALLY and possession can be demanded back.
Please go with the following provisions contained in the Indian Easement Act1882:
"CHAPTER VI: LICENCES
52. "Licence" defined
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a licence.
53. Who may grant licence
A licence may be granted by anyone in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the licence.
54. Grant may be express or implied
The grant of a licence may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a licence.
55.Accessory licences annexed by law
All licences necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licences are called accessory licences.
Illustration
A sells the trees growing in his land to B. B is entitled to go on the land and take away the trees.
56. Licence when transferable
Unless a different intention is expressed or necessarily implied, licence to attend a place of public entertainment may be transferred by the licensee; but, save as aforesaid, a licence cannot be transferred by the licensee or exercised by his servient or agents.
Illustrations
(a) A grants B a right to walk over A's field whenever he pleases. The right is not annexed to any immovable property of B. The right cannot be transferred.
(b) The government grants B a licence to erect and use temporary grain-sheds on government land. In the absence of express provision to the contrary, B's servants may enter on the land for the purpose of erecting sheds, erect the same, deposit grain therein and remove grain therefrom.
57. Grantor?s duty to disclose defects
The grantor of a licence is bound to disclose to the licensee any defect in the property affected by the licence, likely to be dangerous to the person or property of the licensee, of which the grantor is, and the licensee is not, aware.
58. Grantor?s duty not to render property unsafe
The grantor of a licence is bound not to do anything likely to render the property affected by the licence dangerous to the person or property of the licence.
59. Grantor?s transferee not bound by licence
When the grantor of the licence transfers the property affected thereby, the transferee is not as such bound by the licence.
60. Licence when revocable
A licence may be revoked by the grantor, unless-
(a) it is coupled with a transfer of property and such transfer is in force;
(b) the licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in the execution.
61. Revocation express or implied
The revocation of a Licence may be express or implied.
Illustrations
(a) A, the owner of a field, grants a licence to B, to use a path across it. A with intent to revoke the licence, locks a gate across the path. The licence is revoked.
(b) A, the owner of a field, grants a licence to B to stack hay on the field. A lets or sells the field to C. The licence is revoked.
62. Licence when deemed revoked
A licence is deemed to be revoked-
(a) when, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the licence;
(b) when the licensee releases it, expressly or impliedly, to the grantor or his representative;
(c) where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires, or the conditions is fulfilled;
(d) where the property affected by the licence is destroyed or by superior force so permanently altered that the licensee can no longer exercise his right;
(e) where the Licensee becomes entitled to the absolute ownership of the property affected by the licence;
(f) where the licence is granted for a specified purpose and the purpose is attained or abandoned, or becomes impracticable;
(g) where the licence is granted to the licensee as holding a particular office, employment or character, and such office, employment or character ceases to exist;
(h) where the licence totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not in pursuance of a contract between the grantor and the licensee;
(i) in the case of an accessory licence, when the interest or right to which it is accessory ceases to exist.
63. Licensee?s rights on revocation
Where a licence is revoked, the licensee is entitled to a reasonable time to leave the property affected thereby and to remove any goods which he has been allowed to place on such property.
64. Licensee?s rights on eviction
Where a licence has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the licence, the right for which he contracted, he is entitled to recover compensation from the grantors. "
Shonee Kapoor
(Expert) 02 May 2012
I concur with Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 02 May 2012
The MRA extends to villages also. In order to claim that the nephews are licensees in the premises, an agreement of license should have been executed and registered. Otherwise, the nephews may plead that they are tenants in the premises and that they cannot be evicted except on the grounds specified in the Act. They may also produce rent receipts if any issued by the land lady.Pl see sections 3, 7(5), 55 and 24 of the Maharashtra Rent control Act,1999.
