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Audi (proprietor)     17 March 2013

Transfer of rental rights to son on demise of father

My father is staying in a rental flat the rent receipt of which is in my grandfather's name.

I am noting the sequence of events as below:

1. My grandfather started staying on rent in the said flat since 1969 along with my grandmother and his four sons.The rent receipt was issued in his name.

2. In 1978 My grandfather with his wife   and three sons shifted to another place and my father continued to stay in this flat.My father continued to pay rent to landlord who accepted it but the rent receipt was in my grandfather's name.

3. In 1990 the landlord issued notice to my father to evict the premises saying he is a subletee.He was not willing to transfer the rent receipt in my father's name.

4. My father got decision in his favour in lower court. The landlord filed appeal which also recently came in favour of my father.

5. My grandfather has recently expired.My father  was the only heir staying in the said rental premises during that time ( he has been staying since 1977 till date).His other brothers are settled elsewhere

6. Now the landlord wants to redevelop the property and is seeking settlement. Following are my questions:

1. whether my father can ask landlord to transfer tenency in his name?Also is it a deemed right (as he was the only heir staying in said flat at the time of my grandfather's death) or will he have to do some legal work to transfer tenency in his name? also in case tenency gets transffered will the rent increase?

2. If pt 1 is not possible and my father opts for settlement of leaving the house on getting some monetary compensation  from landlord without transfer of tenency does he have to share the proceeds with his brothers?

since the property is going for revelopment what should be the best option in case he has above both options.

thanks and regards

 audi



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 March 2013

The tenn can not appropriate for himself the house he is living on rent .
Under the provisions of the law of Limitation , if somebody is in occupation of a ,house for moe than 13 years , without payment of rent or any service to the owner WITH THE FULL KNOWLEDGE OF THE OWNER OF THE PROPERTY ,THE OCCUPANT IS CONSIDERED TO HAVE PERFECTED HIS TITLE TO THE PROPERTY. 
THE FACT THAT THE OCCUPANT HAS NOT BEEN GETTING ANY RECEIPT FOR PAYMENT WOULD NOT AMOUNT TO HIS NOT PAYING ANY RENT .
If the owner of the house intends to sell the house , the person occupying the house has the first right of refusal .He has the first right to buy the house .But of course , he should give the current market price ,
His preference does not mean that the owner is bound to give at whatever Price tenant offers .
THE TENANT SHOULD OFFER THE MARKET PRICE TO THE OWNER OF THE PROPERTY .THE TENANT'S RIGHT IS THAT HE HAS THE FIRST RIGHT TO BUY THE PROPERTY .He is to be preferred by the owner , over others, if the tenant gives the market price 

The Tenants Protection Act is not made with the criminal intention of depriving owners of their property ; but to prevent the harassment of the tenant by the owners. .The tenant can not stall the sale of the property to others , if he can not pay the full value of the property within a reasonable time as any other purchaser would give .

The provisions of the Transfer properties would apply here.
THE TENANT DOES NOT HAVE THE RIGHT TO DEPRIVE THE OWNER OF HIS OWNERSHIP OF THE PROPERTY ,ANY TENANT THINKING ON THAT CRIMINAL LINE SHOULD BE EVICTED BY THAT LAND LORD .HE MAY APPROACH THE COURT TO EVICT THAT TENANT .IF THE TENANT REFUSES TO VACATE THE PROPERTY WITHIN TWO OR THREE MONTHS OF THE NOTICE OF EVICTION THE OWNER MIGHT GIVE TO THE TENANT .
You may pay the market price of the property to the owner and get it sold to you.Civil laws are not made with criminal intention to aid criminals 

Audi (proprietor)     19 March 2013

thanks for replying. in our case the landlord doesnot want to sell existng flat but go for redevelopment. r there any rules for such cases?

 also i am bit confused.i would be grateful if you can prove me specific answer pointwise to the questions raised.

Thanks again. 

Sarita Nakhe (Owner)     28 March 2013

Mr. Rama charry cell has not answered Audi's question about Audi's father right in redeveloped property.


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