Tenancy
Querist :
Anonymous
(Querist) 10 January 2011
This query is : Resolved
Hi,
There is a tenant living in a tenanted property(house) for more than 50 years. The tenant is a old lady of 86 years. The original landlady does not have any legal heirs so she sold the premises with the tenant to a third party for a small amount.
The sale deed does not mention the living tenant in the premises. In fact the property is shown as free from lien n eccumberances and the new owner has the right to live in the premises from the date of registering the sale deed. The new owner could not vacate her from the premises.
The new owner after 10 years sold the house to another so called landlord, again for a small amount(peanut). Again no intimation was given to the tenant or the rent controller about the sale. Again the sale deed makes no mention of the tenant in the premises and contains false statements and misrepresentation of the facts and people. The sale deed says that the new owner has got absolute rights and powers to dispose of the property. And the so called landlord has been given absolute possession of the premises on the day of registering the sale deed.
1. Can the tenant challenge the sale deed with all these discrepancies? n prove that the previous landlord has entered into a fraudulent deal?
2. Since the tenant is paying the rents regularly, is there a provision wherein the tenant becomes the owner, so as to prevent these type of element from harrassing the old lady?
Your reply is awaited.
adv. rajeev ( rajoo )
(Expert) 10 January 2011
No tenent cannot challenge the sale deed, she is only the tenant she has no rights or tittle over the property. It is not necessary to mention about the tenant in the sale deed.
Y V Vishweshwar Rao
(Expert) 10 January 2011
I agree with Mr Rajeev !
1-Tenant is always Tenant- - Subject to Local Rent Control Act!
2- Tenant is entitled to use the premises as tenant only- subject to Rent Control Law
M V Gupta
(Expert) 10 January 2011
It is normal practice that the sale deed should reveal existing encmubrances such as tenancies, mortagages etc. If it is not so mentioned the encumbrances will not be affected. The new buyer may have a cause against the vendor for suppressing the encumbrances. But tenancies are such that suppression is not possible as any buyer will physically see the premises before purchasing the premises, and will come to know about the tenant. It is stated that the tenant is paying the rents regularly presumably to the new buyers and as such it automaticlly eastabllishes the tenancy and the new buyer cannot dispute tenancy.
H.M.Patnaik
(Expert) 10 January 2011
The Querist asks for views on two points.
In the light of facts stated, the answer will be as follows:
1)The tenant is not claiming Adverse Possession of the tenanted premises for acquiring ownership,rather looking forward to a hasslefree tenancy till her death .So, in my opinion even if there is no mention of either the tenanted premises or the tenant lady in the transfer deed , it is not materially affecting her position as a tenant or to question the Sale Deed.
2) Since the tenant aforementioned is occupying the premises for a number of decades , she must be having other proofs like Voter ID, Elec. bill,Ration Card or other documents issued by Govt. authorities which will prove beyond doubt that she is occupying the tenanted premises over such period of time which has to be produced before the local Rent Control Authority to prove the period of continuous stay on oral contract and she can get necessary relief from the harrassment from new owners to throw her out without providing alternate arrangements suitable for her stay.
In this case an experienced locallawyer specialising in Rent Control Act will certainly be of help.
Querist :
Anonymous
(Querist) 11 January 2011
Thank you for your valuable advice.
Querist :
Anonymous
(Querist) 11 January 2011
The tenant is paying the rents by challans in the bank in favour of the rent controller. In this case, is it not neccessary for the seller of this tenanted property to intimate the rent controller and the tenant about the intention to sell? No legal notice was ever sent to either of the parties.
