tenancy rights

Querist : Anonymous (Querist) 02 March 2010 This query is : Resolved
i would be obliged for guidance on below
I am tenant of a sole property since 1938
we have a document on 100 rs. stammp paper
in which it is noted that the value of property at that time was rs. 15000/-
i can also note that price of gold at that time was rs.18/- per ounce
we have paid monthly rent of rs. 471/-
which was rs. 135/- for the tenant previous to us.
also any gov-municipal taxes are borne by us. any repairing when needed was borne by us
(1)if the original lanlord sells it to any property developer but if we don't want to
vacant the property does the new landlord
has any legal right to proceed against us?
(2) what are our rights in substitution of vacanting the property?
(3)is there our first right to buy the property?

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Parveen Kr. Aggarwal (Expert) 02 March 2010
1. If the original landlord sells the property to any property developer and you don't want to vacate it, the new landlord may file a petition for your eviction from the premises but he cannot forcibly dispossess you. If you feel any such threat, you may file a suit for injunction against unlawful dispossession wherein court may pass injunction order in your favour restraining the landlord from dispossessing you except by due process of law.

2. In case you intends to substitute a property instead of vacating it, you rights and liabilities will depend on the agreement you enters into with the landlord.

3. You have not spelt out the location of the property. In some of the states, law of pre-emption in favour of tenant is still operative with a rider that there must be such a custom prevalent in the locality.

R.R. KRISHNAA (Expert) 02 March 2010
No matter whatever improvements or payments you might have done towards the property it does not confer you any absolute rights of tenancy protection.

The new landlord is fully entitled to vacate you, unless there is a special covenent in the sale deed executed by the old landlord in favour of the new landlord that the new landlord shall permit the tenant (you) of the property to continue as a tenant.

You have not rights in substitution of vacating the property unless anything specifically mentioned in your lease agreement.

As regards your first right to buy the property there has to be a clause in the lease agreement between you and the landlord that the landlord in case of selling the property will first sell the property to you. In case of absence of such a clause, the landlord is free to sell the property to anybody.

Kumar Thadhani (Expert) 03 March 2010
Expert. Mr.Parveen & Krishnaa has rightly followed your query.

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