Selling property to sub-tenant
Faiz
(Querist) 07 May 2013
This query is : Resolved
My father had rented out a property to a tenant.
The (unregistered) rent deed says that the tenant would be allowed to keep a sub-tenant. Property now is in possession of the sub-tenant and my tenant receives rent from him.
Now, would it be legal if I sell my property “directly” to the sub-tenant (to my tenant’s tenant)? Can my tenant initiate civil or criminal proceedings against me?
Advocate Ravinder
(Expert) 07 May 2013
Yes, you can sell the property directly to the sub tenant. Since the sub tenant is already in possession there is no problem.
As the rent deed is unregistered, there is no problem, otherwise the tenant may file case against the owner for wrongful eviction from his possession, as he is in legal possession as he is having tenancy rights in his favour. As the rent deed is not registered, he cannot file any case, as it has no evidentiary value.
Raj Kumar Makkad
(Expert) 07 May 2013
There is no curtailment of your right to sale the property to the person of your liking including the sub-tenant.
Devajyoti Barman
(Expert) 07 May 2013
You can send the property to any one you choose , not necessarily the sub tenant or the tenant. The property is yours and tenant can not restrict your right to transfer the same to any one of your choice.
