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shivani Jain   16 December 2021

Tenant brought a immovable property on an affidavit

A individual purchased a house from the owner by an affidavit in 1987....he has not being paying rent since then to the land lord....the landlord is not aware about the same...the individual wants to regularlize the agreement and ready to pay rent with intrest
What r the rights of the individual?
Can he get the possession of the immovable property??


Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     16 December 2021

1.A sale is valid only if it is through a registered sale deed.  Affidavits/agreements without registration are not legally valid.

2. The decision to accept the rent with interest or take action against the tenant is the landlord's right.

3.A tenant is always a tenant and can not claim possession, and contact a local advocate and explore filing eviction suit or accepting rent with a lawful rental agreement for a legal footing.

Kishor Mehta (CEO)     16 December 2021

Immovable Property can not be bought with an affidavit. 

P. Venu (Advocate)     16 December 2021

The facts posted are confused. Please repost the facts in simple langage and also, how you are concerned with the issue, if any.

shivani Jain   17 December 2021

thank u so much for the response.In the above case what are rights of the tenant and how can he get his property on his name?

 

G.L.N. Prasad (Retired employee.)     17 December 2021

A tenant is always a tenant, and can never get ownership rights.

If a tenant enters into a valid purchase agreement from the owner, the tenant should file a specific performance suit against the landlord and can pray the court for sale if the tenant has fulfilled all his duties and responsibilities as stated in the agreement.


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