Permanent lease
Faiz
(Querist) 26 July 2012
This query is : Open
In the state of U.P. (Bulandshahr) my father had given various properties- houses, shops & open lands to different people under "Registered Permanent lease". Please note that document does not say 99 years, but 'hamesha hamesha' or 'patta dawami'. All rights were given to the tenants including renting out, construction/alteration and above all 'Right to Transfer his Rights(further)'.
Premimium (Nazrana) was also taken from the tenant at the time of registration of document.
The only right my father had reserved with himself was the 'right to evict the tenant in case he fails to pay half rupee per year'. My father died in 1988 and i have never realised any rent from them after his death, neither i have any old rent receipts, if there were any.
Now these tenants claim themselves to be the absolute owners of the properties held by them. Many of them have even SOLD the properties calling themselves as the owners in the sale deed.
My questions are:
1. Do i still have ownership over these properties?
2. If yes, proceedings shall be done under rent control act of T.P. Act? if there is an option which is faster?
3. Is it true what i have heard that rent control doesnt apply in case of permanent leases?
4. If they are still my tenants, can i sell/ transfer my "ownership rights" to a third person?
5. Can i go to the court to get a higher rent fixed as per market rates ?
6. Can i also initiate criminal procceedings against those who have sold the properties calling themselves as owners of property?
7. After my father's death, was it supposed to be the tenant's duty to deposit rent (half rupee per year) in the court or send it to me?
Thanks a lot in anticipation.
Faiz
