Sridhar Dhanasekaran (IT Analyst) 13 April 2012

Can a tenant get a stay order on sale of my house?

I have a house in my native (Salem, Tamilnadu), which was given for rent to a relative - no rental agreement is made for the same.

They haven't paid rent for more than 6 months and I found it tough to repay my loan on that house. So, now i have made an agreement with a person who is ready to buy this house from me. I took advance amount from him.

After I told my relative to vacate the house and gave them more than 1.5 months time. Still they are not vacated.

Instead, they have taken a stay order on the sale saying that as tenants they were not informed about this sale and weren't given enough time to vacate.

Is this a correct thing? If yes, I would like to know what can be done to break the stay order.

Thanks in advance!!

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 April 2012

Dear Querist,

Apply for the vacation of the stay order O.39 R4. Also since the tenancy is month to month (oral) serve them notice u/s 106 TPA for vacation.

M.Sheik Mohammed Ali (advocate) 13 April 2012

you can file quash the stay order petition, after thatn you inform to the court and buyer to vacate house legally.

M.Sheik Mohammed Ali (advocate) 13 April 2012

you can file quash the stay order petition, after thatn you inform to the court and buyer to vacate house legally.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 13 April 2012

Eviction is not that easy but you can sale the property with tenants.

For default of rent the court normally allows time to pay and make up rent payment uptodate.

That is AS IS WHERE IS basis.

H. S. Thukral (Lawyer) 13 April 2012

As far as sale of house is concerned you can sell the house. it appears that the stay order is result of misrepresentation. As far as tenant is concerned if the tenancy is covered and protected under rent laws, the new owner can not get the house vacated for a period which is usually fixed under the Act. If the tenancy is not protected you or the new owner can get the house vacated by terminating the leaseand by filing suit for possession.