Leasing a property
ankit
(Querist) 14 March 2013
This query is : Resolved
if a property is in litigation,can the owner(with duly regitered )of property execute short term(2year) rental lease? is it valid.
Thanks
Pradeep MK
(Expert) 14 March 2013
What is the nature of litigation and who has initiated the litigation i.e whether it is initiated by the owner?
Is there any interim order passed by the court?
What is the relief prayed in the suit?
Raj Kumar Makkad
(Expert) 14 March 2013
If the possession is still with the registered owner then he can definitely lease it for the period he intends but he should mention therein the term of litigation with specification that the lease shall get cancelled if the judgment of the court demands accordingly.
ajay sethi
(Expert) 14 March 2013
answer queries raisedby experts
ankit
(Querist) 15 March 2013
Thanks very much for taking time.
What is the nature of litigation and who has initiated the litigation i.e whether it is initiated by the owner?
- The defendant is the owner(with duly registered property on her name. Registered 25 years ago). She is in possession. The plantiff claiming ownership of the property
Is there any interim order passed by the court?
No. No order passed.
What is the relief prayed in the suit?
ownership of the property.
Thanks again for your time and advice
Raj Kumar Makkad
(Expert) 15 March 2013
In the light of clarified facts, I am of the same opinion that the defendant in the given case being the sole and exclusive owner of the house having full possession thereto and even having no stay order thereto from any court of law, is fully competent to deal with the property as per her free whims and wishes including sale, rent out, lease out, mortgage or to deal in any other way without getting permission from any other authority than herself.
ankit
(Querist) 15 March 2013
Thanks Mr. Makkad.
Pradeep MK
(Expert) 15 March 2013
With regard to your query please see Section 52 of Transfer Of Property Act which deals with "transfer of property pending suit relating thereto".
As per this section owner needs to take permission from the court before leasing the property
RAJU O.F.,
(Expert) 16 March 2013
The actual owner in possession of the property can lease it unless restrained by any court/ SARFAESI proceedings.
