• Taking a property on rent of landlord charged in government scam

Dear sir 
I am planning to take rent of 5000 sq ft property shop
Whoose landlord is charged under SRIJAN SCAM OF MONEY LAUNDERING , Bhagalpur 
The landlord is not a employee of scam Or directly involved but he is been found suspicious of taking huge loan from Srijan 
The case is pending 
But if the landlord is found accused and is absconded 
Then what problem can I face 
Can the shop be sealed or attached even though it is under my custody 
Must I take that property shop on rent or not for my business 
What agreement shall I process if I take that on rent
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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14 Answers

If landlord has absonded his property would be attached as per court orders

If at all you want to take premises on rent do it by registered leave and licence agreement

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Proceed to take this property on rent in terms of a rental agreement. Just don't pay advance rent for more than 2 months.

At anytime the Govt. attempts to attach this property in relation to the conviction of the landlord for his involvement in Srijan scam, you'll have Legal recourse available to tackle the situation.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Don’t purchase the property as landlord is an absconder and chances of property being attached are high

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Here what you have to see is whether the shop is mortgaged with any bank or financial institutions. For this ask the landlord /owner to show you original title documents of the shop. See original documents be seen before or after the bank hours. In case he is ready to show the documents, take a copy of whole chain of documents and get it verified from the record of concerned sub registrar, concerned patwari n land acquisition authority through local advocate.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

In General, if the person or the property is likely to be in the arena of litigation then avoid transacting as you will be one of the parties to the litigation. Don't transact unless the dispute is settled.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Before you buy this property, get it's title verified through a local Lawyer.

Depute a local Lawyer to conduct a Legal due diligence of this property.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If the shop is the purchased from the proceeds of ill-gotten money of scam or any illegal funds of that landlord the court can seal the same. It is risky to take the same on rent. No agreement can save you from Criminal prosecution.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The shop proposed to be taken on rent should be done by a registered rental agreement with the purpose of rent clearly mentioned in it and the shop should be on your name with clear definition of the business and its partners.

Nowhere the landlord should be involved in your business, this way you can avoid police inquiry against you if there is blanket raid against the landlord and his premises and other properties.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

There is no legal impediment for purchasing a property from its owner who is having a clear and marketable title to sell the property.

You may take a legal opinion before buying the property.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1) please against whom they have given loan to purchase that shop, whether its free hold property or not?

2) check all agreements against shop, what owner had did, and taken any loan.

3) you can purchase shop after doing all legal investigations.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Depending on the outcome of the financial violations, the authorities may petition to confiscate /seal all the properties of the offender (landlord), irrespective of who is the occupant of the property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If the land Lord found caused of the fraud the investigating agencies may have included the list of properties acquired from the money of the fraudulent loan.

As he is absconded it is risky to take the property on rent or purchase coz the risk of attachment will be there till the decision on the case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you take the same on rent and the police at a later stage desires to seal it for any reason with regards to the investigation then the police can seal the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Get the title search done of the land. If the title is clear and marketable and there is a proper non encumbrance certificate then you go ahead and purchase it by means of a registered sale deed.

Though I wiuld not advise you to purchase this property

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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