PArtition
Chetan
(Querist) 10 September 2010
This query is : Resolved
That the father of X is a tenant over a trust property, The TRUST had sold that property to third person without informing the father of X, At present that property is in possession of X, X had other 4 brothers. The third person filed suit for possession and mesne profit against all the brothers
Whether the third person entitled to file suit against all the brother (Father of X died in 2002) ?
What is the liability of other 3 brothers of X who had made parties ?
Whether the 3 brothers demanded their share in that property to X ?
R.R. KRISHNAA
(Expert) 10 September 2010
Dear Chetan,
If X is the tenant, others i.e.,(his 3 brothers) have no tenancy rights over the property.
The purchaser of the property has rights to sue for possession unless there is a clause in the sale deed that the tenancy rights of X shall continue even if the property is sold by the trust. In the absence of such clause and in view of the death of X, the purchaser has all rights to sue for possession.
Best regards.,
s.subramanian
(Expert) 11 September 2010
Dear Mr.Chetan,
The law does not impose any duty upon the land lord or the purchaser to keep the tenant informed about the sale of the property. His permission is also not contemplated under any law. The land lord can merely attorn the tenancy to the purchaser,if it is desired. If the tenant does not vacate,it is open to the purchaser to file the suit for eviction. The brothers of X who are not involved in the matter cannot and do not suffer any damage by the suit. They can appear in court and state that they are unnecessary parties. They cannot claim any right over that property.
masood ausaf
(Expert) 11 September 2010
I agree with the comments of Mr.Subramanian. The landlord can sell and the purchaser can purchase the property with out informing the tenant of such transaction and the purchaser has right to get vacated the property from the tenant or his/her legal heirs and such right can be enforced through the Court of law.
