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Tenant claim ownership of our property

Querist : Anonymous (Querist) 01 February 2018 This query is : Resolved 
My house property is registered on name of my parents as a joint. In our house we had given a portion as a shop on rent in year of 2005-06. My parents are not aware of the legal documents which need to be process between tenant and landlord and also the tenant was family friends.
The tenant started their shop as an agency of FMCG. The rent decided at that time in 2005-06 is Rs 3000.
In 2009, our family had some financial issues and the tenant also given an offer to us that he could buy this 100 Sq. yards of the portion which include his shop from our house property.
So an agreement was signed on RS100 Stamp between my parents and tenant which contains
1. Date of agreement : 12-March-2009
2. Area of property to sell – 100 Sq yards.
3. The total deal cost amount as 20 Lakh.
4. The Paid amount of initial token as 2 Lakh which check number.
5. The rest amount of 18 Lakh was promised to pay within 90 days from the date of agreement.
The tenant was stop paying the rent from 12 March 2009 as he is one among the buyers.
After that my parents follow up with tenant on May 2009, but he said he need some more time of 5- 6 months to pay the rest 18 Lakh amount.
In March 2010 he again wants some more months’ time. And my family was financially scattered at that time. Now it’s no more beneficial to sell out our property as all the business is ruined out.
A big dispute held between my parents and tenant in which my parents told tenant that the deal time of 90 days is over by more than a year and now there is no deal.
But at that time my parents asked him to pay rent. And he said he already given 2 Lakh amount. And refused to pay the rent.
As my family were facing a worst days of life at that time as got kicked from everywhere so my parents never reach out to police, court, Advocate.
In 2016, my parents filed a case in session court against him that our tenant is not vacate the shop.
And neither have given us the rent from 12 March 2009.
In 2017 when tenant got info that my parents filed a case against him. Tenant also filed a case against my parents saying that he is the owner of that shop.
Till time its only Dates…. Dates…. Dates…..
No result.
What we can do?
How can someone file a case if he don’t have the property registered in his name?



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Vijay Raj Mahajan (Expert) 02 February 2018
You get the case expedited through your advocate. There is no registration of the sale deed of the property with sub-registrar/Tehsildhar, hence there is no valid sale of the immovable property. The tenant case will fail by all means and you retain the property.
Ms.Usha Kapoor (Expert) 09 July 2018
I agree with Vijay Raj Mahajan.


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