Tenant rights in india
ramesh
(Querist) 20 April 2016
This query is : Resolved
Hi, me and my family, living in a house for more than 20 years. Now landlord asking us to vacate the house, but last year when we came to buy the property. He said , I will sell the property to you for market price and then after a year has passed now he denies to give. He is saying now I won't sell this property to you . So should vacate as given time.
Please help us is there any laws/ process that we could buy that property and from landlord torture. .
And we can do utmost to live peacefully.
And the landlord who is nothing but my Paternal uncle .
Thanks to all...
Guest
(Expert) 21 April 2016
It is is not Intellectual Property Right query , it is Property query
Kindly mention state
Devajyoti Barman
(Expert) 21 April 2016
The tenant can not buy back the property unless and until landlord agrees for the same.
However eviction of tenant is properly regulated by the rent Act in India and unless he can satisfy the grounds fo eviction mentioned therein the decree of eviction would not be passed.
Devajyoti Barman
(Expert) 21 April 2016
Dear Mr Madhu, I am curious to know whether you are an advocate or legal professional.
If not then I would suggest not to reply in Expert section.
Guest
(Expert) 21 April 2016
Resp. Barman Sir,
Well as student myself also curious how you ignored few imp.points.
1) You generalized eviction cause mentioned in State Rent Act, but I can say only for Maharashtra (That is why I ask this question which state , because in my opinion property law have to be examined minutely and state law differ even one law touches other and only taking Rent Act of that state is dangerous . ) and to further go deep . There is one XXXXXXXXXX Act which I hope as Expert you know in Mahaashtra states if this act apply to such land then tenant in structure of the building which is protected under Maharashtra Rent Control Act 1999 sec. 15 and sec 16 which concentrates on eviction will not be applicable to certain section of society . Land law and Property law is vast subject and differ from state to state . You can not use knowledge of one state to another.
1A) If you use knowledge of one state to another it will be like general knowledge not expert knowledge.
2) Now if person don't go deep in query in that next XXXXXXXXX act where regarding Maharashtra Rent Control Act is mentioned he feels he can be evacuated but in fact evacuation is not possible.
3) While examining the above question you just jumped to conclusion that person is landlord he is tenant . But whether he is really Landlord ? There are so many types of Lands so many restriction. Additionally there are people who construct houses and building on land which is not owned by them and collect rent. So you need to examine things minutely and then ans as Expert
4) There are cases where people have to be told that other person is not landlord under the provision of law , He is taking Hafta. They are under wrong impression. While dealing in such case State Law required to be examined minutely.
5) Presently Can any advocate in India tell how many Acts are there in Whole India (Including central, state , UT ) , PC Jain Commission report states 25 to 30,000 acts may be there. Person who is preparing report to Prime Minister Vajpayee (Report of 1999) , if he gives such statement in report how you feel you know all as expert ?
6) Regarding Maharashtra Rent Control Act 1999 was passed they repelled three acts of state , they removed certain types of property from new act then they introduce certain type of people/property as tenant. They changed certain definition . They excluded companies above 1 crore capital.
6) So if I ans. query of Tripura from Maharashtra point of view it will be disaster. And in Maharashtra there are more than 50 acts on property and you never know which act touches whom, It has to be examined properly . So generalizing that Eviction clause of Rent Act will determine all factors for eviction will be completely wrong . Case has to be examined minutely.
7) Apart from Rent act how many act touches the property and whether eviction clause after complexity of all examination is applicable under provision of Rent Act for this property too required to be examined.
8) With due respect I point out your reply was general . Property matters require minute understanding and then only comments can be done .
9) Irrespective of whatever others feel I will state "If God ask me what is your desire, I will state give me opportunity to be student life long There is so much to learn in world and so much to correct our knowledge , 10 lifes will be less for me"
10) Regarding reply to expert section If I am wrong I will apology and correct my knowledge , I will try not to make mistake as much as I can . But still If I say I won't do mistake I will be totally wrong. Degree are piece of paper goal should be to study life time.
11) And please when question comes which you feel you can not ans. instead of calling Academic query better ans. Answering question which kids can ans. and thinking expert is not good . Ans question of your level. And correct juniors properly . Training junior is also art and that is why some can become teacher and not all can become good teacher
12) And sincere apology for this message , myself junior and will be always junior to you. You are free to correct and criticize , I will respect you always as elder .
AND I SAID EARLIER MYSELF STUDENT NOT EXPERT HOW THIS EXPERT SHOULD BE REMOVED MYSELF DON"T KNOW. THIS SOFTWARE COMPANY SHOULD DO NECESSARY CHANGES
Rajendra K Goyal
(Expert) 21 April 2016
Tenant does not have any priority to purchase the property.
Tenant can not be evicted without mutual consent / court orders.
P. Venu
(Expert) 21 April 2016
A tenant has certain rights against unlawful action; but that does not include any right to buy the tenanted property.
