• Can I sell or demolish property which had tenants

I have property which my forefather gave on rent in 1965 to Mr X. From last 20 years they not staying in place and from last 4 years they have stopped giving rent and moreover Mr X died 3 years back. There is no electricity bill, water bill or any utility bill which proof that they are staying there. Property is in miserable state and became literary like khandar. Now i want to demolish that property to construct shops. Municipal corporation has asked us for NOC from Mr X son in order to pass plan for construction. I went to Mr X son and he is not giving NOC and want money or share in the shop after construction.
Is it legal for Mr.X Sons to claim for property or share? Someone told me if i sell property to someone then all rental deeds become void. So can i sell property to my relative ? 

please suggest
Asked 7 years ago in Property Law
Religion: Sikh

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5 Answers

1) tenancy rights would be inherited by mr X legal heirs on his demise

2) even on sale of property by you Mr X legal heirs would continue to retain tenancy rights

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

You have to file suit for eviction on account of non payment of rentals

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. It is clear that the tenant or his heirs will seek their pound of flesh to give NOC.

2. The refusal of the tenant or his heirs to give NOC does not prevent you though from selling the property. The tenant becomes a tenant under the new owner after the sale. Sale of a property which is given on lease does not terminate the lease. What someone has told you is wrong.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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Is it legal for Mr.X Sons to claim for property or share? Someone told me if i sell property to someone then all rental deeds become void. So can i sell property to my relative ?

The son of Mr. X cannot claim a share in the property.

You cannot demolish the property without vacating the tenant or taking over vacant possession.

You issue a legal notice demanding the arrears of rent and also advise the tenant to vacate for the reasons ; 1) default in rental payments; 2) for demolition of the building which is in dilapidated and dangerous and inhabitable condition.

After that you should initiate process through court to evict him.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

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So even if they don't pay rent and not leaving in property, can they still claim property. Is there any legal way i can evict them out of property?

Once a tenant is always a tenant hence he cannot claim a share in the property for any reason.

You should follow due process of law to evict him from the premises.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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