Tenancy (Civil Law)

This query is : Resolved

Author : durgadas

PRO CHAT CALL

Posted On 25 May 2012 at 04:35

my father purches land from protected tenant(hydrabad tenancy act 1950 u/s 38e) in year 1971 by agriment to sale and afedvit tenant agree in afedvit that hi obten nesasary permitiuon and then make sale deed. hi get Rs.18500 and deliver possion of land. total sale amount fixed Rs.21000 . in year 1975 tenant died. what action takan my father in this stage please advise thanks.

Expert : V R SHROFF

PRO CHAT CALL

Posted On 25 May 2012 at 08:36

As your father is in possession of property for last 30 years, you get mutation entry accordingly.
In fact tenancy rights cannot be trf without consent of landlord, but in your case, it is 30 years adverse possession.

Expert : Nadeem Qureshi 9953809956

PRO CHAT CALL

Posted On 25 May 2012 at 09:15

agree with expert

Expert : Adv. Bharat Chugh

PRO CHAT CALL

Posted On 25 May 2012 at 09:35

I don't agree with Shroff Sir, It is not adverse possession for the simple reason that his possession gratituous/permissive, he got the possession in furtherance of Agreement to Sell. Hence it can never be adverse possession as it was part performance. His remedy was there in Specific Performance against LRs of the Seller/Vendor - but the same is time barred now. But he can protect his possession by doctrine of part performance - but that does not make him the owner in the least.

Expert : V R SHROFF

PRO CHAT CALL

Posted On 25 May 2012 at 11:24

Question is :
"what action takan my father in this stage please advise thanks."

Bharat,
Agreement to sell is not binding as from tenant, not landlord.
under the circumstances what type of possession u may protect the present occupier?? Pl clarify, if not adverse, as against the owner of land.