Uday Banerjee 25 August 2020

Rights of tenant

Facts of the case: a) Party X and family are tenants in a residential property R for 60+ years b) Party X started their tenancy with Party B c) Party B was not the actual owner and R was "gifted" to B by Party A, without any registered gift deed. d) B kept on collecting the rent from X in the meantime e) Party A later filed a title suit in the district court and won f) The rent is being collected by A since then g) It is a rumor that B has filed an appeal in the High Court h) X has incurred all the maintenance expenses all throughout this period i) X is willing to purchase the property or vacate the property after being compensated. j) Neither the owner nor the tenant has shown any interest so far in settling down the matter k) B still looks to occupy the property but has never approached X with an offer. What are the steps that can be taken by X to break the deadlock and proceed further? If there has been no appeal in the high court, can B come up with any other legal action? If there is any appeal filed in the High Court, what are the remedies available with X to settle down the matter? Thanks in Advance

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Quick Summary

This discussion explores the complex situation of a tenant family who has resided in a property for over 60 years. The core issue stems from a dispute between two parties, A and B, regarding property ownership, with the tenant caught in the middle. The tenant has borne all maintenance costs and is seeking ways to either purchase the property or vacate with fair compensation, but a deadlock persists. The advice suggests that the tenant's rights are limited as the ownership dispute is between A and B, and the tenant can only purchase if owners agree. Legal counsel is recommended for this complicated case.

6 Replies

G.L.N. Prasad (Retired employee.) 26 August 2020

Please understand that the open forum is not a suitable place to seek guidance on chronic and complicated cases. Forum can only guide on limited cases to limited extent as First Aid. Trust a local advocate and get his opinion for such remedy.

Uday Banerjee 26 August 2020

Deeply regretted.

P. Venu (Advocate) 26 August 2020

The posting contains ore of conjectures than facts. And there is no specific issue for which solution is sought.

Kishor Mehta (CEO) 26 August 2020

The matter of ownership has to be settled between A & B as it is their private matter, party X is a tenant and has no say in the matter. Party X can purchase only if the owners are willing to sale the property. Party X can not ask any compensation for the premises as it does not belong to him, residence of a number of years does not give any tenant any right whatsoever over the property.

1 Like

Gaurav Mishra 11 March 2021

Dear All,

My friends rented a vacant plot and constructed on the plot with permission from the owner. The construction is one of a permanent nature. The question is whether the landlord is liable to pay the amount spent by the tenant in construction of the building in case of termination of the agreement by the landlord?