Haresh (Trainee) 19 January 2010

Can a landlord sell the Property on which the tenants recide

I would like to know whether a landord can sell is land to another person. The land is occupied by tenants.

Brief descripttion

The land was purchase by Mr.X.

Mr X had a maid(Mrs.Y) who has a son (Mr.Z). Mrs A was the sister and only legal heir of Mr. X and she has expired.

Mr X died , on death Mrs Y got her name and her sons name (Mr.Z) on the PR card through illegal way.

The legal heirs of Mrs.A filled a case in to court and the court has ruled in their favour that Mrs Y and Mr.Z are fraud and are not the owner of the land and that legal heirs of Mrs A are the owner. A decree has been ruled in favour of heir of Mr.A.

My query is how to sell this land what would be the procedure.

1. Does one need to register the decree.

2. Is it necessary to get the name of the legal heirs of Mrs.A onto the PR card.If yes, where should I go and what all documents are required.

3. What other formalities needs to be completed.

4. Please let me know all the document, need to made to

1. Get this property resigrated duly in the name of the legal heirs of Mrs A

2. to sell the property to another person.

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5 Replies

R.R. KRISHNAA (Legal Manager) 19 January 2010

The decree may be registered and the sale of the property can be made thereafter. Mutation of records can be done based on the registered decree. The documents pertaining to the property and the decree are sufficient to sell the property to anyone.

(Guest)

Mr. Haresh,

Answer to your 1 st question- It is not necessary to register the decree of court.Secondly it is necessary to enter the names legal heirs of Mrs. A in record of rights that is in property card. Thirdly, the legal heirs of Mrs. A have to apply the Authorities of Property Card that is, City Survey office, by making application, stating facts about the previous holders and fourthly for this procedure you need property card extract of the said property for current year and certified copy of decree of court, which you have mentioned. After entring names of legal heirs in property card, they can sell the property to another person.

Haresh (Trainee) 19 January 2010

Can you please let me know where is the City Survey office in Mumbai , the location of the property is Goregaon (E). Also let me know what document do the heirs need to carry to the city survey office. Is the decree sufficient.

Haresh (Trainee) 19 January 2010

After getting the heirs name in the PR card, does one need the Property document, like that sale deed etc. that Mr X had purchased. As Mr.X died in early 70 and it might be difficult to get those document.

(Guest)

You have enquire for city survey office in Mumbai itself. You have to carry court decree's cetified copy and certified copies of death extract of Mrs. A,also one of heir have to make one affidavit before executive magistrate of your area, stating all names of legal heirs andthat these are the legal heirs of Mrs. A, no one other than these. Except these documents I think you need not submit any document.