Facts of Property: Its a tenant property which we have purchased from the existing tenant but the landlord (i.e. Co-Op Housing Society) is not transferring the tenancy and is not replying to our letters and reminders. The property is a commercial property with a outside space (Verandah/Open Space/Otla) attached to it. The property tax paid by the society for the open space is collected from us. We have registered the Power of Attorney and paid stamp duty on the market value of the property. Questions: 1. Can we execute the sales deed without the consent of the landlord? If not then any other options available? 2. Since the landlord is not replying, who is the higher authority? 3. Is there an option to execute sales deed by paying 100 months rent or raising a complain? 4. Since the property tax for the open space is paid by us, is the property owned by us (tenancy rights)?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Did you not obtain consent of landlord while purchasing tenanted property
2) you need landlord consent for sale of property
3) property tax bill is raised on society and you reimburse the society for open space
4) open space is not owned by you
5) you have tenancy rights on area mentioned in the agreement
1.Tenanted proeprty can never be purchased as tenancy is not a purchasable thing. Similarly sub-tenancy without the permission of landlord is not valid either.
2.You can not force the landlord to sell the proeprty.
3.No, it has no value.
4. No, you does not create any title .
1. A registered sale deed can be executed by the owner to the buyer and not the buyer can get the sale deed executed by himself/herself.
How did the tenant sell this property to you without having marketable title?
The sale by the tenant is invalid and illegal.
Execution of registered power attorney deed by an agent to another agent is also invalid and not maintainable in law.
You catch hold of the tenant who sold you this property to execute a registered sale deed in your favor or to return the money received from you by him.
2. The landlord need not reply to anyone who claims ownership, it becomes the duty of the person who sold you this property to get the property properly executed in your favor by approaching the original landlord.
Even the higher authority of this landlord cannot help you or rescue from this crisis because you have no authority since this purchase itself is not proper and invalid in law.
3. Dont get into any such wild imagination. What do you mean by paying 100 months rent? Is there any such agreement in vogue?
4. A tenant is always a tenant.
Just because you pay tax, you cannot claim ownership.
You may consult a local advocate and seek his advise to tide over the crisis after producing the relevant documents before him.
its a tenanted property which i am the tenant would like to sell but i approached the landlord for transfer verbally and in writing but the landlord ( co op hsg society ) , is not responding nor speaking , also not replying to letters & reminders. the property is commercial property with outside space for which property tax is paid by me (the tenant) since the original construction of property (redeveloped blddg). Questions : (1) Cannot i make Power of Attorney by paying stamp duty because I am a senior citizen unable to fight. (2) What can be done if landlord (CHS) is not reverting. (3) How can I Execute sale deed if I am legal tenant and need of money ? (4) What if Landlord never replies, I can never sell the tenanted premises? (5) The outside verandah , space is actually AC Shed and the open space otla, can the landlord deny transferring AC Shed & verandah (otla) ? (5A) there is no original tenancy agreement between landlord CHS & the tenant. Agreement was made between Builder & tenant by way of mere allotment letter.
1) you can execute POA in favour of family member
2) you need landlord written consent to sell the property
3)if you sell the property without landlord consent then landlord would not recognise the purchaser as tenant and file eviction suit for unlawfully selling the property
4) lanldord can deny transfer of the open space
5) earlier tenancy rights were created by mere rent receipt . under provisions of mahrashtra rent act 1999 tenancy agreements are required to be compulsorily regsitered
1. You can give power of attorney to a trusted person.
2. You issue a legal notice
3. A tenant cannot sell his owner's property.
4. The tenant cannot compel owner to revert