We are tenants in one of the flat of a building having 10 flats in Kolkata since 1960. The rent receipt was in the name of my MIL's maternal grandmother. However, she expired and the landlady too. Since then due to dispute among the heirs, there was no one claiming the rent. For the last several years there was no trace of them. Even the tax has been paid by the tenants of the building. Lst month, a lady came and claimed that the dispute has been settled and our flat is given to her and she wants to sell the same to us. She has even produced some papers of the court claiming the same. The case originally pertains to 1964 and GA application made in 2006. However, on searching the same in Calcutta High Court site, the case could not be found. The other owners of the flats have on still turned up.
Is there any tenancy right.
Asked in Property Law from Kolkata, West Bengal
1. Well, without seeing the papers it is difficult to make comment on it.
2. In online search you can find such old documents.
3. However you can apply for certified copy of the same for which you need help of a lawyer.
4.If this lady has validly purchased the property from your erstwhile landlord then you can purchase from her but I make no comment on her title deed without seeing the papers.
Fell free to contact if you need assistance on this.
1)you can contact a local lawyer and with his assistance obtain copies of orders passed by court in case cited by the lady
2) ask the lady to furnish certified copy of court order
3) dont make any payment to the lady unless you are satisfied that she is the absolute owner of the flat
The tenancy rights is different from purchasing the property. The tenancy rights will e protected to the heirs of your mother in law and not to you.
If a lady is claiming to be the legal heir and the court case has been in her favor, ask her to produce the document that will be executed by court through registrar office allotting her share in the property along with the decree copy, if not she may be playing a fraud and you may fall trap to the hidden scam, better show the papers to a lawyer, take an opinion and then proceed.
1. Your tenancy rights cannot be sold.
2. The property can be sold by the lawful owner. However, the sale of the property will not impair or emasculate your rights as a tenant.
3. You can continue to stay as a tenant in the property unless a court of law orders your eviction.
1. Yes, certainly you have the tenancy right to stay in the said premises,
2. The seller, if found to be genuinely empowered by a court order calling her as the owner, can sell the property to anybody including you,
3. In case she decides to sell it to some one else, your tenancy right continues and you start paying your rent to the new owner.