• Tenant has sold flat to third party with consent of landlord

I have a chawl in Andheri East which is in the name of my grandfather. Now after his death my dad used to take care of all the property matters. My Dad expired in 1995 after which my mom is looking into the property. She collects rent from tenants. 

Few months back we came to know from third person that one of our tenant has sell the flat to the third party without informing us. Also he is not willing to pay us the 33% of the market value. In that case as a landlord if I want to go legally what should be my next course of action. Please suggest your best.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

You should challenge the said sale deed (if any).

File a suit for eviction against the person who is living in the premises

The same shall be filed on the name of your mother.

Contact a local lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

1) tenant cannot create third party rights of the property

2) file suit for eviction against tenant and the purchaser

3) before filing suit issue legal notice to tenant / purchaser

Ajay Sethi
Advocate, Mumbai
68823 Answers
4143 Consultations

5.0 on 5.0

This wasn't permissible inasmuch as they your tenant didn't had the title to sell of the property.

This sale is bad.

File a suit for suit for cancellation.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Sir, 1st issue a notice to your tenant demanding your share in the property and to show the actual account of the sale value. If he doesnot comply you can file an FIR for criminal breach of trust and put him behind bars.

Simultaneously you can file a civil suit for recovery of your share in the sale process.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

Dear Concerned,

Such Sale is Void as the Tenant can not sell the house as he is not the owner. Challenge the Sale Deed / such sale in civil court.

You need to send a legal notice to your tenant at the flat (the rented one) and simultaneously file an eviction suit .

If presented well you will surely get your house back

Best of luck

Atulay Nehra
Advocate, Noida
1210 Answers
47 Consultations

4.7 on 5.0

First of all you have to mutate the property in your name as the legal heir of the original owner. Believe you have proper records to show that the tenants are paying rent and there is a valid rental agreement with the tenants. If so, you are in a safer position. The tenant has no right to sell the property or not even a right to assign his leasehold rights to any third person. Any such sale or transfer is invalid and legally not sustainable. You may file civil case to declare that the such sale is null and void and not binding you or the property. Also you may file a cheating case against the tenant who sold the property.

Deleep K
Advocate, Ernakulam
2 Answers

5.0 on 5.0

You can recover possession of the premises by issuing a notice under Section 16 (e) of the Maharashtra Rent Control Act.

First address a letter to the original tenant and confront him on the said transfer. i guess he has not approached you for issuance/ change of name on the rent receipt.

By law tenanted premises cannot be transferred without the landlord being a party to the transfer agreement.

Uma Vyavaharkar-Acharya
Advocate, Mumbai
32 Answers
1 Consultation

5.0 on 5.0

You can ask the new tenant to vacate the property by issuing a legal notice stating that his occupancy in the property is illegal and also can issue a legal notice to the original tenant who sold this property stating that his act of subletting the property is illegal and he should vacate the property immediately and deliver the vacant possession of the property.

Then you may file a suit for evicting the tenant from the property mentioning that is it is illegal an invalid

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

File FIR, perfect case of cheating and forgery.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

u/s 406, 415, 420, 467, 468, 471 Indian Penal Code.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

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