Rent receipt issued in the name of previous tenant
Srushti Chavan
(Querist) 11 November 2013
This query is : Resolved
Dear All,
X has been residing in the tenanted premises for more than 70 years. The tenant A who were residing earlier in the rented place sold that premises to Y in the mid of 1960. After that Y sold the said premises to his only daughter married daughter X at certain price. There is no documents to prove to it as it was completely cash transaction. Later on when the landlord started issuing the rent receipts it was in the name of A. The land is now proposed to go in redevelopment. The new builder has got the name of earlier tenant (A) in the list of tenants. Till date, the rent receipts are issued in the name of A by the new developer. X and her family is residing there at the rented premises for more than 70 years and have the other legal documents such as Ration Card, Electricity Bill in the name of X. Just the rent receipt is not in the name which may caused a problem if it goes in redevelopment.
Kindly help me in resolving the issue.
Thanks & Regards,
Srushti Chavan
Devajyoti Barman
(Expert) 11 November 2013
X has right to residence after re development in the said premises.
Make written representation to the developer with relevant documents.
If he refuses to include his name then go to court by way of declaratory suit.
Thyagarajan
(Expert) 11 November 2013
You have said in your query X and A were both tenants.In what capacity A sold the property to to Y?
ajay sethi
(Expert) 11 November 2013
did Y make cheque payment to A ? you must have executed some document . got some receipt for payment made . builder will give possesson to A as he is tenant in his records . X has to file declaratory suit
Srushti Chavan
(Querist) 11 November 2013
Dear Mr. Thyagarajan and Mr. Ajay Sethi,
There is written record. It is on a piece of paper wherein it is stated that A has taken the money from Y.
Thanks & Regards,
Srushti Chavan
Thyagarajan
(Expert) 11 November 2013
Since your query is on a problem that may occur bring the facts to notice of the re-developer.
It would have been better if the transaction was witnessed by the builder earlier to re-development process.
It may end up as purely records in builders office was not updated.
Regards.
Srushti Chavan
(Querist) 11 November 2013
Dear All,
Thank you for your valuable responses and guidance.
Regards,
Srushti Chavan
Thyagarajan
(Expert) 11 November 2013
You are most welcome.
Kishor Mehta
(Expert) 12 November 2013
Sir/s,
With due respect to the experts, I beg to differ. In the first place, under the Maharashtra rent act, no rented property can be sold by a tenant unless ratified by the landlord.
Hence, all the sale transactions are illegal. The current occupier/possessor has to approach the court with a declaratory suit to prove his credentials.
Merely a piece of paper showing payment of money from one person to other person does not have any legal standing. The written permission of the owner/landlord of the property is a primary necessity for a transfer of rented premises.
Good Luck
Kishor Mehta
