Land lease (patta dawami)
CA Shivam Agrawal
(Querist) 16 November 2024
This query is : Resolved
In the state of U.P. (Shikohabad) my Grandfather had given various properties- houses, shops & open lands to different people under "Registered Permanent lease". Please note that document does not say 99 years, but 'hamesha hamesha' or 'Patta Dawami'. All rights were given to the tenants including renting out, construction/alteration and above all 'Right to Transfer his Rights(further)'. Premium (Nazrana) was also taken from the tenant at the time of registration of document. The only right my grandfather had reserved with himself was the 'right to evict the tenant in case he fails to pay half rupee per year'. My Grandfather died and I have never realized any rent from them from the date of this lease. Now these tenants claim themselves to be the absolute owners of the properties held by them. My questions are:
1. Do I still have ownership over these properties?
2. If yes, proceedings shall be done under rent control act of T.P. Act? if there is an option which is faster?
3. Is it true what I have heard that rent control does not apply in case of permanent leases?
4. If they are still my tenants, can I sell/ transfer my "ownership rights" to a third person?
5. Can I go to the court to get a higher rent fixed as per market rates?
Thanks
CA Shivam
T. Kalaiselvan, Advocate
(Expert) 16 November 2024
You are the grandson hence not a direct legal heir to your deceased grandfather, if your grandfather is reported to have died intestate then his legal heirs can file an eviction suit for default in rental payment, but if the tenants claim title by perfecting law of adverse possession, you may have to challenge that wit the support of documentary evidences in your possession.
