• Need to buy a property adjacent to my house with a tenant running a shop in it

This is about my own uncles property which is adjacent to my home. My uncle's property has wooden floor. After his death, now his son wants to sell it to me.

1. There is a tenant running a shop since 4.5 years and is not ready to vacate, should I buy the property? will the tenant be able to create any problem after i purchase it?

2. Do I need to inform such tenant or take NOC from him before buying the property?

3. Because my uncle's family stays 200 km away, they do not want to get into legal hassles but I want to buy that property anyhow because it earlier belonged to our grandfather. Should I buy the property first and then try to evict the tenant myself, what options do I have, given that the original owner had only an oral agreement and not a written rental/lease agreement?

4. What should I do if the tenant is not ready to sign a rental agreement and he is still in possession of the ground floor of the property and not 1st, 2nd and 3rd floors?

5. By any chance, does he have a right over the property?
Asked 7 days ago in Property Law
Religion: Hindu

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7 Answers

Ask uncle son to issue notice to tenant to vacate premises . If they refuse he should file suit for eviction 

 

2)eviction suit takes 10 years or so to be disposed of 

 

3)since there is no written leave and licence agreement it would be long drawn affair 

 

4) if you are getting property at discount to market price then only buy the property 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Dear Sir

1. As far as eviction is concerned, you would have to file a petition before the competent Rent Control Court to seek eviction of the tenant. Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include willful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.

2. You can buy the property with the tenant still being in the property till his lease expires.

3. In case of a verbal agreement, you are required to give a 30 day prior notice to the tenant, if the tenant fails to vacate the premises, you can approach the Rent Control Court. 

Thank You!

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

1. It is advisable that you ask the seller (your cousin) to evict the tenant and deliver vacant possession otherwise you may have to run behind the tenant to vacate him  through court or any other legal process, which is unnecessary and avoidable.

2. It is the duty of the vendor to intimate the tenant about the change of ownership of the property and not the buyer.

The buyer has any obligation about this intimation after purchasing the property  for making a fresh rental agreement or to continue with the existing agreement till its expiration, depending on the circumstances and the mutually agreed conditions.

3. The above answer suits this question too.

4. You cannot claim it as a right without becoming an absolute owner of the property by the virtue of a registered sale deed on your name. You can initiate legal action only after purchasing the property by a registered sale deed in order to initiate steps to evict the adamant tenant from the proeprty by following due procedures of law.

5. No

 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

- As per law, after the death of your uncle , his property would be devolved upon all his legal heirs equally including his daughters. 

1. As per the Supreme Court judgment , if you will purchaser the said property then you cannot evict him for at least 5 years , if that tenant used to pay the rent regularly 

2. No need to take his NOC for purchasing the property , but after purchasing that property you can issue a notice to him to attorn you landlord /owner of the property and to pay the rent to you 

- Further , ask your cousins to issue a notice to the said tenant that they have sold the property to you and hence they should pay the rent to you. 

3. After purchasing the property you can enter into an agreement with the tenant

4. If refused to sign the rental agreement with you , then you have right to evict him legally if he defaults in paying the rent .

5. A tenant cannot claim to be the owner of the property , a tenant is always a tenant if paying rent regularly. 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

1. If you buy the property the tenant becomes tenant under you. 

2. There is no need of NOC but after purchase inform him so you can take rent from him.

3. Yes, you can file eviction suit against the tenant after purchase. 

4. File eviction suit. 

5. No.

Devajyoti Barman
Advocate, Kolkata
22509 Answers
356 Consultations

5.0 on 5.0

1. You need to evict him. He can't create any issue. 

2. No need

3. Yes. 

4. Approach court for eviction. 

5. No

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

The tenant has no right over the property in question here, and no NOC is required from him for the purpose of this sale. 

You would need to file a suit of ejectment before the Rent Controller on grounds of 'personal necessity' to evict him from the shop. 

Indu Verma
Advocate, Chandigarh
22 Answers

5.0 on 5.0

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