Termination of leave and licenses agreement
sajoli
(Querist) 11 February 2017
This query is : Resolved
The tenant has transferred his tenanted premises on the basis of an agreement with the landlord (already expired). The agreement is captioned LONG LEASE TENANCY AGREEMENT and has a mentioning that the tenant has permanent long lease rights. Now new landlord is not traceable.
I have also paid some portion by cheque for transfer of permanent lease rights in my favor and possession was handed over to me.
Now I have received the leave and license termination notice from the tenants advocate that the amount I had paid for transfer of lease rights is adjusted against the licenses fee.
In the above matter leave and license agreement was never created and on my denial in reply of the tenants advocate notice, tenants advocate is making submissions that he has no power to sell the premises as he himself is a tenant.
J K Agrawal
(Expert) 11 February 2017
you can reclaim your advanced amount but can not force the performance of contract. The contract is not valid in law.
However you gets the possession once, you will be in dominant position because the there is no landlord to eject you.
Have some force in life and enjoy it with property.
Rajendra K Goyal
(Expert) 12 February 2017
Show all documents to local lawyer and discuss in detail.
In the given facts, agree with the expert J K Agrawal.
Kishor Mehta
(Expert) 12 February 2017
Madam,
The tenancy rights, whether transferable or not, depend on the terms, conditions and covenants of the registered agreement.
Proper advice can only be offered after the terms of the registered agreement are made available.
It will be in the best of your interests to consult a local advocate immediately.
Good Luck,
Kishor Mehta
