• Transfer of name

Hi, We have been staying in padri house in Kolkata on Rent.The Tenant now wants to sell the house to house and we agreed to it but the Owner of of that house is not ready to transfer the name in my name and says that he wants to Renovate the building,from now onwards whoever comes to change the name He will offer them money and tell them to leave the house. But in this building people have been staying for many years and they will continue staying and also many people have eyes on the house that we staying now. 

Now how can I do the transfer the name in my name, me and tenant both agreed to this deal, why is owner not agreeing ( few years back he have done transferd) why me.
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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7 Answers

You can transfer the same without consent of landlord. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Hello,

that is the prerogative of the landlord and he agreeing or not is his choice and without his consent nothing can be done.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You need landlord consent for transfer of tenancy rights 

 

2) if land lord refuses tenancy rights cannot be transferred in your name 

 

3) landlord can offer to pay tenant for surrender of tenancy rights 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

NOC from the landlord required without obtain NOC you cannot transfer. 

tenants are not owners of the rental premises and the tenancy rights can only be transferred with a written consent of the landlord. It does not matter who is paying the rent. The tenant has only rights of residence and no more. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Exchange without owner involvement not valid. Such exchange will be violation of tenancy and owner right to demand vacation of house.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

  1. As per the information mentioned in the present query, doesn’t make clear about the facts of the case as to who you are (tenant) and if not then who is that tenant and who is the owner.
  2. I would request you to please give some more information in detail so that can help you legally.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear 

The tenancy rights cannot be transferred without the consent of landlord and he can make the tenant vacate the building by giving him money and you cannot force him to transfer the house on your name. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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