Tenant law

e form (Querist) 15 June 2013 This query is : Resolved
collector's

without permission tenant land sold by tenant

whether is legal?

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Rajendra K Goyal (Expert) 15 June 2013
Mention full facts, where the property situated, period of tenancy, who is owner, what type of permission was needed, so that any view can be expressed.

ajay sethi (Expert) 15 June 2013
academic query

M V Gupta (Expert) 15 June 2013
The query is not clear. pl correct ur query.

V R SHROFF (Expert) 15 June 2013
Tenant cannot sell tenanted land . it is illegal

Dr. Jyothi Vishwanath (Expert) 18 June 2013
tenant cannot sell. doctrine of estoppel works against him

Raj Kumar Makkad (Expert) 19 June 2013
An illegal act has been done by tenant which is punishable under many sections of IPC. Post the entire relevant facts.

e form (Querist) 13 September 2013
VR Shroff Sir
is original owner will get back the land?

Dr. Jyothi Vishwanath (Expert) 13 September 2013
Original owner has to file a suit to set aside the sale transaction as void and get back his property.

e form (Querist) 13 September 2013
Dr. Jyoti Vishwanath Sir

doctrine of estoppel
may be applied? for it

Rajendra K Goyal (Expert) 13 September 2013
Well advised, nothing more to add.

Dr. Jyothi Vishwanath (Expert) 13 September 2013
Doctrine of estoppel also applies in this case.
Nemo dat quod habet- No man can transfer a better title than he himself has.
SO he is tenant. He can only transfer tenancy rights and never ownership rights.

e form (Querist) 15 September 2013
Dr Jyothi Vishwanth sir and all
we are very thankful to you.

what should we do?
i think
limitation act is obstacle.

where we go?
civil,session or high court.

Dr. Jyothi Vishwanath (Expert) 15 September 2013
Even if it is barred by limitation act, ownership right has never passed to the buyer from tenant.

e form (Querist) 17 September 2013
where we go?
civil,session or high court.

Dr. Jyothi Vishwanath (Expert) 17 September 2013
Civil court you have to approach

e form (Querist) 20 September 2013
thank you
Dr Jyothi VIshwanath Sir and all for this comments and suggestions.

Dr. Jyothi Vishwanath (Expert) 20 September 2013
you are welcome...

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