• Selling a property which is leased (registered) to school

We want to sell property which is leased to a school. This is registered lease deed. But the tenant has not been paying rent for 6 months. The property is owned by trust and it wants to sell. 

Does the tenant has any legal rights to start selling the property?
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

He doesn't have any rights. In fact tou should give him an eviction notice and then remove him from the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If tenant has not being paying rent issue notice of eviction of tenant 

 

2) if tenant refuses to vacate file eviction suit 

 

3) you would not get full market rate if you sell property with tenant occupying the premises 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Once a tenant is always a tenant. 

He cannot acquire title to the property just because he is residing in the property for long. 

If he has defaulted in monthly rental payments,  you can take necessary legal action to evict him for willful default. 

The trust can invoke the clauses of lease agreement in this regard and take steps to evict him as per law. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You can send him eviction notice and evict by filing eviction suit

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Hi, Tenant has no right to sell the property. He is only a tenant. For sale of the property which belongs to trust. Plz go through the Trust Deed. If the trust can sell the property or not.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

If the lease is still in force, send them a legal notice asking them to pay all arrears of rent on or before a deadline. If there is a default, send them an eviction notice. It is better to evict them first and then sell the property, as the tenant is a school.

Swaminathan Neelakantan
Advocate, Coimbatore
3088 Answers
20 Consultations

Dear Client

No, the only owner has the right to sell the same. For initiating a sale deed, an owner has to be in the agreement with the purchasing party and create a sale deed for the same. However, tenant do not have such power to do it.

Thanks

Please Appreciate

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

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