property
sajid
(Querist) 16 February 2011
This query is : Resolved
we are tenant since 45+ years and want to leave property and bring in someone else. do we need landlords permission or just agree between us and pay him 33% for bill transfer. And what if he is not agreed for that?
adv. rajeev ( rajoo )
(Expert) 16 February 2011
land lord's permission is necessary and if he agrees for that then agreement is also necessary.
Adv Archana Deshmukh
(Expert) 16 February 2011
Subletting the premises without the landlord's consent is not permissible. It may become a ground of eviction.
R.Ramachandran
(Expert) 16 February 2011
A tenant is always a tenant. You are not the owner of the premises. Just because you happened to be a tenant for 45 years does not grant you any extra right, except that you cannot be evicted from the tenanted premises by the owner, so long as you pay the rent regularly.
What you are trying to say is that you would vacate the premises (where you were living as a tenant continuously for 45 long years) and in turn would like to put some one else as a tenant in that place WITHOUT THE CONSENT OF THE OWNER.
As already indicated, since you are not the owner of the premises, once you vacate, you have no right whatsoever to decide whether any one else has to be inducted as a tenant or not. The owner has every right to deal with the property in whichever way that he likes and you can have no say in that. You being a tenant for 45 years does not bestow you with any special rights in these matters.
Kirti Kar Tripathi
(Expert) 16 February 2011
I am also of the view as expressed by my learned friend Mr. Ramachandran. long staying in the premises does not confer any special right to a tenant. A tenant is always tenant and can not ex cerise the rights of owner unless property is not transfered in him by legal means. Tenancy law protect his right as tenant only and that too till his status remains as tenant, As soon as he vacate the house, he will loose all his right under the law as tenant.
Devajyoti Barman
(Expert) 16 February 2011
Legally you can induct but if you at all induct then nothing but eviction suit may be started.
Uma parameswaran
(Expert) 16 February 2011
Tenant's right to possession could not transfer legally.
Advocate. Arunagiri
(Expert) 16 February 2011
You dont have the right to transfer the property under rent.
Parveen Kr. Aggarwal
(Expert) 17 February 2011
In case the terms of your lease permit you to sub-let the premises without the consent of the landowner/landlord, you can validly sub-let it even without his consent.
If the terms of your lease does not so permit, you cannot lawfully sub-let the premises and will be liable for eviction.
R.venkatesh Naidu
(Expert) 17 February 2011
you have no manner of right title or interest over the property. you are only a tenent. when the owner claim his portion you must be leave it. Otherwise, if you claim anybody automatically the owner file a eviction petition.
