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Chandrakant M Solanki (Owner)     21 December 2009

How do a landlord sell a tenented property to a developer

There is a property which was in litigation with a family member, But now the issue is resolved in the court and the decree is in our favour state that we are the owner's of the property. My query is that I want to sell the property, but there are tenants residience over it. I want to know how should i proceed and what papers do i require. Also is it prssible to sell the decree it self  to a builder or a developer.



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 4 Replies

Daksh (Student)     21 December 2009

Dear Mr.Solanki,

Your mail is not clear about the subject matter of the litigation.  Secondly as it is evident from your mail (the court has held that we are the owners of the property) that the nature of ownership is joint ownership.  It is not clear who inducted the tenant and under what terms.  Last but not least what I can make out from your mail is that you want to know if there is any impediment in sale of the property if the tenant is there.   It is a commercial call and depends the way you negotiate with the prospective buyer for selling " YOUR PORTION OF THE PROPERTY".

Best regards

Daksh

rajkumar.vnm.marupeddi (advocate)     23 December 2009

Absolutely, you are entitled to sell away  the land subject to the rights of the residential tenants as they may be  entitled to claim benefits under Rent Control Act. As long as the tenancy period subsists, you cannot evict the tenants under due process of law. Relevant Acts/laws may be applicable to the tenants basing on the quantum of mothly/yearly rents payable by them. You can attorn the tenants to the proposed purchaser and same can be recited in the proposed sale deed. the purchasers insist upon you to deliver the title deeds relating to the property. You are not clear under whose custody  the title deeds are. The required papers for completion of the sale is  Original Title Deeds, Link Documents, Tax Receipts, Tenancy agreements, tenants acknolwedgements. Further, you did not state about the nature of suit under the decree. whether any execution proceedings needs to be initiated( or not ) on the said decree. 

Nali Seshu Kumar (SOCIAL WORKER)     25 December 2009

the decree in your favour is challenged or not ,if not challenged  you folow raj kumar sir's reply .

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     02 January 2010

Where actually thesubject matter stands or stage of the case stands is not made out clearly,to  properly analyse  it, However on the avilable information Rajkumar has suggested right upon the avilable information.


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