Upgrad LLM

tenant claiming ownership due to unregistered lease


Hi, I am new to this great forum and hope to learn and post tricky questions!  If I am able to assist anyone too, I will endeavor to do so.

Question/Issue: 3 years ago I inherited a property which was already leased out (not on leave and licence) to a private Indian bank in Mumbai on very low rent for over ten years (starting in 1990s and renewed in 2001). With the lease agreement due for renewal later this year December 2011, the bank has informed me that they intend to instead claim ownership of the property because they have discovered that the 2001 lease agreement was not registered (I did not know it had not been registered).

I am concerned the bank will be successfulI as I have read that unregistered lease agreements are not admissable in court.

PS - The bank has been paying rent since they took possession (I even pay some taxes on the property!).

Grateful for any thoughts on this. Many thanks

Dave

 
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practicing advocate

Bank cannot claim ownership because lease agreement was not registered.  Issue notice to vacate the building by giving reasonable time to vacate. and file a suit for possession.

Just you call me for the further suggestion.


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ha21@rediffmail.com Mumbai : 9820174108

1.  IF the bank desires to  "claim ownership of the property because they have discovered that the 2001 lease agreement was not registered ..."  THEN THEY ARE LITERAL FOOLS, to even think that.


2.  Tentatively, send the Bank, a legal notice, increasing the lease rentals by 500%, else vacate the premises within 30 days. 


3.  After the expiry of the last L&L agreement date is over,  Issue another notice for eviction and tresspassing on the property without permission.


4.  Note : that you are entitled to send the above notices & claims, ONLY if the inherited property documents are already transferred in the revenue / civic records.


Keep Smiling .... Hemant Agarwal


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add o cat

it could be scam bank where office boys must be managers...
 
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Lawyer

You can send a legal notice to the bank asking them to vacate the premises.  then further you have to file a petition before the rent control court to get the building back.  the claim of the bank is foolish. the ownership never transferes on mere lapse of registration.  The bank is trying to fool those that are ignorant, and to take advantage of ignorance of owners.


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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

Hi Mr.Dave,


Hope your unnecessary tensions have been somewhat relieved on reading comments of different experts to which I too subscribe.    Please proceed against the Bank concerned if your title to the property is well recorded and established.  By the way, would you share the name of the BANK concerned please ?


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civil practice

Denying landlord's title is good ground to get premises vacated.

 
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Thank you really for all your messages. They have rested my concerns somewhat.

I agree that they seem to be attempting to take advantage of my ignorance - seems to be common. I moved to Mumbai to resolve these issues but wading through the legal system is proving a challenge to say the least. If I go to court for posession, will it really take up to 10 years? Does this not just make the legal system a bargaining tool for tenants?

I would rather not mention the bank - it makes me nervous and it would not be hard to identify me! I can say it is a private Indian bank not state. That said I am finding state banks as much an issue - but I have put that in another thread in consideration to others who might later search the forums on similar topics.

 
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Lawyer

As our learned friend said the denial it self is a ground ( read or refer section 111 (g) 2 of Transfer of property Act and various rent control acts has incorporated the principle in the respective acts in various forms

 
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