Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Transfer of tennancy rights

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved 
we are tenants for 30 yrs and the landlords are 3 brother and mother
There is a dispute between landlords
The landlords have filed a suit for inheritance and we pay rent to the court receiver. Property is under court receiver

If we want to transfer this property to another person not related to us ( for a price) what is the procedure.

will court receiver be deemed landlord for transfer?

Property is located in Greater Mumbai



Devajyoti Barman (Expert) 05 December 2011
The tenant can not create sub tenancy without the written consent of the landlord.

Yes the tenant is supposed to treat the Receiver the temporary landlord till the court gives its final decision on title.

Raj Kumar Makkad (Expert) 05 December 2011
I do agree with Barman.
Querist : Anonymous (Querist) 05 December 2011
What is the procedure to transfer tenancy rights in such case
Advocate Bhartesh goyal (Expert) 06 December 2011
Tenancy rights can not be transferred to any one until and unless the landlord permits for the same.
Advocate. Arunagiri (Expert) 06 December 2011
You dont have the rights to transfer the tenancy. You can ask the new tenant to enter an agreement with the landlord, you can receive the pagadi for handing over the possession to the new tenant. This is what is going on now a days.
Querist : Anonymous (Querist) 06 December 2011
Sir, Property is under court receiver, even landlord can't give consent for transfer of tenancy rights

My question, whether in such cases, receiver is deemed to be landlord for transfer of tenancy rights
Devajyoti Barman (Expert) 06 December 2011
Not exactly for this purpose. For such transfer the tenant would require the permission of court.
For other usual purposes the Receiver has now all the trappings of the landlord.
DEFENSE ADVOCATE.-firmaction@g (Expert) 06 December 2011
Seek expert advice since there are methods to circumvent all these problems. For property matters you have to be serious.
Arun Kumar Bhagat (Expert) 06 December 2011
It all depends upon the terms and conditions of appointment of Court-Receiver.If he his given power to induct new tenant then for all practical purpose the Receiver is deemed to be Landlord.
Rajeev Kumar (Expert) 06 December 2011
Agree with the views of experts
Rajeev Kumar (Expert) 06 December 2011
Agree with the views of experts
Shailesh Kr. Shah (Expert) 06 December 2011
Agree with opinion expressed by all learned experts.
Querist : Anonymous (Querist) 06 December 2011
Finally, tenancy rights can't be transferred till dispute between the landlord is resolved and court receiver is lifted
Raj Kumar Makkad (Expert) 07 December 2011
I do agree with experts.
prabhakar singh (Expert) 07 December 2011
That is truly understood by you.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :