Ews certificate
Querist :
Anonymous
(Querist) 13 May 2025
This query is : Resolved
I am living on plot in municipality which is on lease agreement from landlord which is 1100 sq am I eligible for ews certificate. Does ews certificate focuses on ownership or also leasehold property is taken as asset
T. Kalaiselvan, Advocate
(Expert) 13 May 2025
You cannot claim title to the leased property hence it will not be considered as your property for this purpose.
kavksatyanarayana
(Expert) 13 May 2025
You have no rights over the leased property, and your annual income from all sources should not exceed 8 lakhs.
T. Kalaiselvan, Advocate
(Expert) 14 May 2025
A leased house cannot be considered as part of your property when applying for an EWS certificate. The EWS certificate criteria focuses on the ownership of residential property, not just residing in a house. If you live in a leased property, you are likely eligible for an EWS certificate if you meet the other criteria, such as income and not owning property.
P. Venu
(Expert) 14 May 2025
Who has constructed the residence, you or the landlord?
Querist :
Anonymous
(Querist) 14 May 2025
The residence is constructed by me but the land is of landlord we just live on it and giving house tax of it as mention in the lease agreement that lessee will pay house tax
Querist :
Anonymous
(Querist) 14 May 2025
Ews criteria mention about residential plot own.
I cannot sell and transfer it as my property.
I don't have any other property and family income is 1,20,000.
Querist :
Anonymous
(Querist) 14 May 2025
Will it become serious crime if I apply and get it
T. Kalaiselvan, Advocate
(Expert) 14 May 2025
Once a tenant is always a tenant, the property you are residing in now is a leased out property and not your own proeprty, hence there is no legal infirmity in it, you are very mush eligible for EWS concessions.
Dr. J C Vashista
(Expert) 15 May 2025
You are a tenant so it has no relevance to the issue and criteria for considering your case for EWS.
You have mixed up facts of the case wherein you are stated to have constructed the house (on rent with you) but land do not belong to you, you should clarify your position qua title of the subject house property.
Querist :
Anonymous
(Querist) 15 May 2025
Sir the plot was given by the owner to me on lease agreement on rent basis .The house is constructed by me on it since 20 years ago. Since I am living on it.
The land is still in his name . He has not done the sale deed.
The tax of house in municipality comes in my name.( According to points of lease agreement )
Is it taken same as ownership for ews certificate criteria or not?
T. Kalaiselvan, Advocate
(Expert) 16 May 2025
You have yourself stated tht it is just a lease agreement and not a sale deed, then what is your doubt that you are repeating the same doubt in post after post?
If there is no property on your name by a registered sale deed, then you cannot claim title to the property.
You may have to vacate the premises on termination of the lease agreement.
Therefore your doubts and fears are unnecessary.
Dr. J C Vashista
(Expert) 17 May 2025
Being a tenant you are not entitled / authorised to transfer title of the property despite the fact you have constructed and residing therein the property.
Payment of property tax to municipality do not confer title (ownership) in your name.
Repitition of same facts shall not change your status qua property.
For further doubt(s) / queries show relevant documents to a local prudent lawyer for proper appreciation of facts and professional advise.
