Rent agreement
Ajay Agarwal
(Querist) 18 March 2012
This query is : Resolved
If Z was owner of a property in 1991 and ha gave/execute a Rent Agreement with C for 99 years and registered this rent agreement in Tehsil. (Means Z gives his Property on Rent for 99 years to C)
And in 2012 Z sells this property to B.
Hence, now at present Mr. B become owner of property.
1.Is rent agreement still valid?
2.If yes, than what are duties of B (present owner) in regarding Rent agreement?
3.If No, Can C do any claim in lieu of property?
Regards
Adv.R.P.Chugh
(Expert) 18 March 2012
Dear Mr.Aggarwal,
Rent Agreement is still valid - and B (the subsequent owner) is subject to same rights and duties as the original owner.
C would have to attorn the tenancy in favour of B - and pay rents to him, C cannot dispute the ownership of B - infact is estopped from doing so, for the reason B derives tenancy from Z - whose ownership was accepted by C.
(S.116 Indian Evidence Act, 1872, Bans Raj Lalta Prasad v. Stanley Parker Jones - 2005 SC)
Raj Kumar Makkad
(Expert) 18 March 2012
1. Yes.
2. Same as were of his predecessor in interest.
3. NA.
V R SHROFF
(Expert) 20 March 2012
1.Is rent agreement still valid?
Ans: YES
2.If yes, than what are duties of B (present owner) in regarding Rent agreement?
Ans: SAME AS EARLIER
3.If No, Can C do any claim in lieu of property?
Ans: NOT PPLICABLE
