Kaushik Nandy (manager) 11 January 2012

Courts order

Hi, I mam having one tenanted shop room and I am a bonafide tenant of that room since last 34 years, the roomis owned by individual landlord which he purcahsed from one Religious trust 15 yeras back prior to that the said Religious trust was my landlord, now I am wanting to purcase the shop room from my landlord but my legal advisor is saying that earlier property transfer is disputed as "Transfer of property from Religious Trust " requires a High court order , hence if a purchase the property then I have to again take the eprmission from Calcutta High court subjected to consent of that Religious Trust ( they may seek a sum of consideration for their consent). Kindly guide me & advice me what to do ? Also pl let me know whether I could get any previlages to purchase the property (is there any guideline that landlord has to offer the deal first to me then outsider )as I am tenant since last 34 years?

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7 Replies

kumar (NIL) 11 January 2012

Dear Kaushik,

My concerns in this is, Does the land lord got any NOC or Declaration from the Religious Trust. If the Religious Trust has given any kind of NOC stating that they do not have any right on that property and the land lord (which is going to purchase) is having all rights in favour of the land lord.

Since you are the tenant from past 34 years in the same location. So you will have alrights on that.

You can go for purchase the same.,., Mean while i suggest you to take another advocate's advice in this.

Thank You.,.,.

Kaushik Nandy (manager) 11 January 2012

I could not understand, If I purchase it I have to take any NOC from Religious trust i.e. from earlier landlord? Prior to my present landlord the religious trust was the owner of the property so how they will ive NOC saying that they have no right on that property?

kumar (NIL) 12 January 2012

kausik,

You have to collect the NOC from the Religious Trust, where as the first owner is the Trust. The Trust has been sold the property to the land lord, so after selling the property - Trust doesn't have any right on that. Am I Right ..... What I Said is collect an NOC / Declaration from Religious Trust, stating that trust has been sold the property to the land lord and they don't have any objection (land lord is having all rights on that property).

Trust have been transferred all the property rights to the land lord.

Kausik, hope you understand my point..

kameswarao S (Head HR) 12 January 2012

Dear Kaushik,

What Mr.Kumar mean to say is ensure that the NOC from the trust is available and collect it from the present land lord and if it is not available with the land lord then pursue with the trust, if it is already given then collect a copy or else ask for NOC otherwise it is going to be head-ache for you.

As you are a tenant for last 34 years priority should be given to you and if you are interested they should allow to purchase the same but you should ensure NOC from the trust before you opt to purchase.

Regards - kamesh

Kaushik Nandy (manager) 12 January 2012

Landlord had fixed up a price of Rs. 35L , I am ready to purcahse the shop room in that price but now he is acting smart to raise the price by saying that he has got another good ofeer of Rs. 38.5L from somebody so he is not willing to sell me off that preperty, Can I take any legal measure for that, Pl help?