• Tenancy

My father was the first tenant of a two storied house in 1946. After his death in 1988 I became the tenant. I am living in this house for more than 65 years. Now the landlord wants to sell the house. My questions are:
1. As a tenant for more than 65 years can I have any right over the property ?
2. What remedy do I have if the new owner wants to evict me ?
3. Can I ask for any compensation or alternative accommodation for vacating the premises.
4. Any other matter in my favour ?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

you are a protected tenant

2) you cannot claim ownership rights on the property

3) contest the eviction proceedings

4) seek compensation for vacating the premises

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The tenant has some protection in the tenanted proeprty but this is not perfected by long stay.

2. So you can not take place of 65 years of stay but you can not be evicted either by the landlord without a suit for eviction.

3. in the suit of eviction you can defend your rights but no claim for compensation or alternative accommodation can be sought for.

4. Of your landlord agrees he may this portion to you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You have no right on the title of the property but you have the tenancy right on the said property which you are occupying as a tenant.

2. Nobody can legally evict you without due process of law i.e. without a court order after filing an eviction suit against you.

3. You have the tenancy right. You can tell the buyer that he shall have to buy the property along with you as the tenant and in that case you shall pay him the rent. The flip side of the law is that the tenants can demand exorbitant amount for vacating the premises out of the Court for allowing the buyer to take possession of the said property which you can also do though law does not prescribe any such payment.

4. Inform the buyer that you shall not vacate the premises and will continue to pay him the rent as the new landlord. Lodge a police complaint if he tries to forcibly vacate you without any court order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

A pre-emption right, or right of pre-emption, is a contractual right to acquire certain property newly coming into existence before it can be offered to any other person or entity.Also called a "first option to buy." A right to acquire existing property in preference to any other person is usually referred to as a right of first refusal.

However as per law a tenant is a tenant as tenant does not have any preemptive right to buy a property leased to him.

However out right he can not be evicted even by fresh landlord coming in existence due to sale deed from old landlord.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

if court passes order for eviction then you have to vacate within the period given to you by court

2) eviction suits generally take around 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The court case will take another 10 years too for disposal, execution of decree, appeal etc., for making you to vacate the premises finally.

If you would decide to vacate the premises even now, there is no harm in it. You can proceed with your decision.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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