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Nitin Kotian (Advocate)     10 November 2011

Nomination to tenanted premises

Sir,

As a Junior Lawyer i am asking this query.

How do i get nomination done in a tenanted premises, Is it done in the Landlords record or do i need to make some documents at the district collectors office

 

Regards,

 

Nitin P Kotian

9819007158



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     10 November 2011

1.  Nomination is a process wherein  ONLY & ONLY a title-owner of property, bestows his tentative authority to a agent / caretaker (i.e. as a Trustee), till further legal procedures are initiated by the respective legal heirs.


2.  By the above logic, only a Title-Owner may make nominations about his own property.


3.  A tenant is not a Title-Owner and has no rights on the property, except for peaceful usage of the owners property, which in turn is derived on the basis of a tenancy agreement terms between the owner and the tenant.


4.  However, in the event if the Tenant has been in lawful possession of the private property beyond the agreed term,  say by more than 12 years,  i.e.  in Adverse Possession and the matter is under dispute (sub-judice)  then the Tenant may nominate a person, with the revenue department vide a registered affadavit  (in case of housing societies, the nomination should be submitted to the managing committee)


CONCLUSIVELY,  a tenant cannot make a nomination for any property which is rightfully not belonging to him.


Keep Smiling .... Hemant Agarwal

Kumar Doab (FIN)     12 November 2011

A very concise, precise, specific, informative, post with measured words by learned Mr. Hemant.

Thanks.


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