Rent agreement

Ajay Agarwal (Querist) 18 March 2012 This query is : Resolved
If Z was owner of a property in 1991 and ha gave/execute a Rent Agreement with C for 99 years and registered this rent agreement in Tehsil. (Means Z gives his Property on Rent for 99 years to C)
And in 2012 Z sells this property to B.
Hence, now at present Mr. B become owner of property.

1.Is rent agreement still valid?
2.If yes, than what are duties of B (present owner) in regarding Rent agreement?
3.If No, Can C do any claim in lieu of property?

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Adv.R.P.Chugh (Expert) 18 March 2012
Dear Mr.Aggarwal,

Rent Agreement is still valid - and B (the subsequent owner) is subject to same rights and duties as the original owner.

C would have to attorn the tenancy in favour of B - and pay rents to him, C cannot dispute the ownership of B - infact is estopped from doing so, for the reason B derives tenancy from Z - whose ownership was accepted by C.
(S.116 Indian Evidence Act, 1872, Bans Raj Lalta Prasad v. Stanley Parker Jones - 2005 SC)

Raj Kumar Makkad (Expert) 18 March 2012
1. Yes.

2. Same as were of his predecessor in interest.

3. NA.

V R SHROFF (Expert) 20 March 2012
1.Is rent agreement still valid?

Ans: YES
2.If yes, than what are duties of B (present owner) in regarding Rent agreement?

Ans: SAME AS EARLIER
3.If No, Can C do any claim in lieu of property?

Ans: NOT PPLICABLE

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