Disposition of ownerless property on vacation by a tenant
Dear Sir, I was inducted to license agreement by a person who later found not authorised to rent me the property.After 3 years when he is unable to substantiate his ownership,rent has been stopped by me.Now he never comes,instead I maintain the house,pay Electricity bill in my name.Since I am moving now how can I leave/hand over my possession/sell it by way of partnership agreement?Kindly suggest.
Awaiting an early response
Asked in Property Law from Kolkata, West Bengal
when you are not the owner then how can you transfer the property
Advocate, New Delhi
Since licensor has been found unauthorised to rent the property you have no right to continue as a licensee. How could you transfer the electricity bill in your name? Do you understand the legal repercussions of paying electricity bill in your name when you have no right in the property? You are a sitting duck to criminal prosecution by the original owner of property. Leave the property immediately.
1) since person who has given you flat on leave and license has no rights on said property you should immediately vacate the said flat . you should not have transferred electricity meter in your name as you have no rights on said flat .
2) you have no rights to sell the property by way of partnership agreement .
3) you cannot create any third party rights on said property . you should hand over vacant and peaceful possession to owner of premises
Sitting in the Glass House, Don't throw stones on others.
The person who inducted you as a tenant and who collected rent from you is a landlord and you can not challenge his title after you have been paying rent to him. Nevertheless if he was a cheat and have run away after he was challenged, you don't get ownership rights and rather your possession, after knowing that the person who let you in was a cheat, becomes unauthorised. You don't have any right to part with the possession in favour of a third person. Try to contact with the real owner and explain the situation to him.
Advocate, New Delhi
You are not a rightful owner in terms of Transfer of Property Act,so you can not sell the property.Also you are not a bonafide tenant,now you can file a declaration suit in Civil Court for adverse possession.