LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tenant ownership

Querist : Anonymous (Querist) 04 May 2018 This query is : Resolved 
Dear all,

Please help on my issue. One of my friend is facing an issue with property. She is having a building (4floors) and given to rent (1st floor) to run a printing press. But her father taken a loan from the tenant (printing press owner), without any legal document. And her father agreed to receive specific amount of rent without any increment. Tenant will take other rents ( for the remaining floors) as interest for loan . Now it almost 15 years over. Is tenant claim ownership of the property? Tenant is paying rent through bank account. And he kept rental agreement with himself and not giving back for renewal. What is the consequence if he claims ownership?
Kumar Doab (Expert) 04 May 2018
Pls post with your ID and not AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Guest (Expert) 05 May 2018
As usual, Mr. Kumar Doab, a fake expert with unreal name, made only a very vague post. You would be justified to question him, how the ID matters, if he knows or would definitely provide a solution to your problem.
P. Venu (Expert) 05 May 2018
The facts, as posted, lacks clarity.
Dr J C Vashista (Expert) 06 May 2018
Your friend, the owner of 4 storied building, having good rental income should not rely upon FREE CONSULTANCY from experts and may be advised to consult and engage a local prudent lawyer.
Moreover, anonymous author is not entertained on this platform as per rules, kindly note.
Guest (Expert) 06 May 2018
@ Dr. JC Vashista,
in most of the anonymous cases, the query normally does not pertain to any real problem and is of academic nature. His story also seems to be hypothetical, which has a serious flaw in itself, i.e., the building belongs to his/her friend (SHE), loan taken by her father and rent is also claimed by her father.
Guest (Expert) 06 May 2018
@ Mr./Ms. Anonymous,
Before writing your hypothetical story, you were required to apply your brain to properly describe your academic query. Question arises, how your friend is liable for the loan by her father and how her father can get rent from the press owner, as his tenant, when she, i.e., your friend is the owner of the building?

However, if there is even the slightest of reality in the problem of your friend, advice of Dr. JC Vashista can well be adhered to by your friend. Otherwise, if not, she may at her sweet will can maintain status quo.
T. Kalaiselvan, Advocate (Expert) 06 May 2018
The property owner can initiate legal steps to enhance the rent at least now on.
Also the landlord can initiate steps to start collecting the rent from other tenants from now on.
If the father of your friend is not the owner of the property then he cannot dictate the terms on this and the one he had practiced so far is illegal which actually deprived the rights of the property owner.
Since the loan aspect of her father is his personal affair, she is not responsible or liable to repay the same, moreover the lender had been collecting the rent from other tenants for 15 years, in my opinion ,the loan should have been discharged fully by now if properly calculated.
You may advise your friend to initiate proper legal steps at least now by taking the assistance of a local advocate on this and proceed as per law or else this will become a permanent problem for her if allowed to continue in the same manner without any end to it.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :