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sagar jadhav (employee)     08 February 2014

Rented property can be sold

if I have flat in Pune which is on rent ,in rent agrrement its not mentioned that flat can be sold/ownership will be transferred,can I make deal to sell the flat?



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 11 Replies

Rajesh Pareek (Advocate)     08 February 2014

Dear, provide brief facts to proper guide you.

sagar jadhav (employee)     08 February 2014

Thnks for quick response

can you please tell which facts missing and will happily furnish them

BAALASUBRAMANNYAMM (Advocate)     08 February 2014

No. You should have to prove your ownership of the flat.

T. Kalaiselvan, Advocate (Advocate)     08 February 2014

@Sagar Jadhav;  Do you mean that you own a flat in Pune and have rented it out to a tenant, which you want to sell it to another party during the subsistence of valid lease agreement  period with the tenant?  I shall reproduce section 109 of TP Act, which is self explanatory, please go through it and come back if you have further queries in it:

109. Rights of lessor’s transferee.—

If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights, and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him:

Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again to the transferee.

The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased.

1 Like

sagar jadhav (employee)     08 February 2014

Hi Kalaisevan

I am not llb so this legal jargon is little bit much for me.

but I UNDERSTOOD as flat can be rented out

now I one more question

1) so deposit amount refund will be born by seller or buyer when tenant leaves flat?

 

T. Kalaiselvan, Advocate (Advocate)     08 February 2014

Rental deposit amount will be lying with the original owner (vendor), that money belongs to tenant, if the rights and title of the property have been transferred to the buyer by sale deed naturally the deposit amount also will be transferred to the buyer, so it is the buyer who has to settle the deposit amount to the tenant on his vacating the rented premise.

I understand the legal jargon will be little difficult to be understood by the common people, but Mr.  Jadhav, you have been into this forum for quiet some time, hope you are familiar with the legal terminologies by now and the contents in previous thread are not so complicating that makes it difficult for an experienced and learned person like you t understand.

1 Like

Pramod S Sonawane (Assistant Advocate)     09 February 2014

In any document no where mention that u r owner then how u can sell it.

Pramod S Sonawane (Assistant Advocate)     09 February 2014

In any document no where mention that u r owner then how u can sell it.

Pramod S Sonawane (Assistant Advocate)     09 February 2014

In any document no where mention that u r owner then how u can sell it.

Pramod S Sonawane (Assistant Advocate)     09 February 2014

In any document no where mention that u r owner then how u can sell it.

Pramod S Sonawane (Assistant Advocate)     09 February 2014

In any document no where mention that u r owner then how u can sell it.

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