• Can a tenant object to sale of property?

I intend to buy a property I a residing at . An earnest money has also been paid by me to landlord. Balance property price will be paid in two months.  
1. Can any other tenant object or file any case to stop the sale of property to me by landlord ??

2. As the landlord permits me to start occupying other vacant areas , can I start taking possession of vacant premises and roof ? 

-- Regards 

-- Raman
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1. Can any other tenant object or file any case to stop the sale of property to me by landlord ??
If there is no agreement of sale pending between them, they cannot object to this without any valid reason.


2. As the landlord permits me to start occupying other vacant areas , can I start taking possession of vacant premises and roof ? 
If the sale agreement permits you to do so, there cannot be any legal infirmity in it. 


On what other grounds a tenant can file case or ask for stay order against the prospective landlord  ?
No reply can be rendered by predicting his intention


On what grounds , if at all, other tenants can file  a case  in court for any stay order against the prospective buyer / landlord ???
Their intentions cannot be predicted. 



Can one register a property in his favour with schedule of payments going beyond the property registering date ?.
If the vendor agrees to it, then it can be possible. 
T Kalaiselvan
Advocate, Vellore
19760 Answers
192 Consultations

5.0 on 5.0

1) consent of tenant is not necessary for sale of property by landlord

2)court will not grant any stay on  the tenant application 
Ajay Sethi
Advocate, Mumbai
29596 Answers
1610 Consultations

5.0 on 5.0

1)you can take possession of vacant areas as pr your agreement with the landlord 

2) terrace is for benefit of all residents . it forms part of common area. you cannot claim exclusive ownership of the terrace and deprive the residents use of terrace 
Ajay Sethi
Advocate, Mumbai
29596 Answers
1610 Consultations

5.0 on 5.0

1. A tenant does not have the right to object to the sale of property by his landlord unless he has a future right in the property. If he has a future right then he may seek a stay order from the court.

2. You are at liberty to take the possession of the property after it is sold to you. 

3. The registration of the property can precede the remittance of consideration of the property which is sold.
Ashish Davessar
Advocate, Jaipur
20072 Answers
529 Consultations

5.0 on 5.0

Hi, it is between you and the owner of the property if the owner of the property is ready and willing to sold the property then others have no right object for sale of the property.
Pradeep Bharathipura
Advocate, Bangalore
4218 Answers
155 Consultations

4.3 on 5.0

A tenant can approach the court and seek a stay only under the ground not to  forcefully  evicted him from the property by the  landlord. In the case of sale, Tenant does not have any right to object the sale of the property by the land lord. After purchasing the property you become the absolute owner of the property. So naturally the possession of the property is come up on you. 

Can one register a property in his favour with schedule of payments going beyond the property registering date ?.
It depends up on the wish of vendor,talk to him
Ajay N S
Advocate, Ernakulam
2110 Answers
25 Consultations

5.0 on 5.0

1. Yes the other tenants can file a case against your said buy since any body has the liberty to file cases but he/she has to prove her ground mentioned in the case,

2. Unless the other tenants claim ownership of the property, they have no right in interfering into its sale and in case the owner of the property changes, they shall have to pay rent to the new owner,

3. If authorised/permitted by the land lord, you can certainly take possession of the property which has not been rented out to the tenants.
Krishna Kishore Ganguly
Advocate, Kolkata
14155 Answers
316 Consultations

5.0 on 5.0

1. One tenant may say that the land lord has already taken advance from him to sell his tenanted portion of the  property to him which he is fraudulently refusing now,

2. It is difficult to anticipate what claim the tenants may make now.
Krishna Kishore Ganguly
Advocate, Kolkata
14155 Answers
316 Consultations

5.0 on 5.0

1. You can not assume what thy might claim,

2. It can be that the land lord has already entered in to an agreement for developing the property giving each of them one flat free which the land lord is by passing now.
Krishna Kishore Ganguly
Advocate, Kolkata
14155 Answers
316 Consultations

5.0 on 5.0

1. No. In that case the receipt of consideration is not over to complete the sale contract,

2. In such cases cheque of current date  is received but presented on a later date and if agreed by both the parties, fresh cheque is collected.
Krishna Kishore Ganguly
Advocate, Kolkata
14155 Answers
316 Consultations

5.0 on 5.0

A. During the existence of lease or rent agreement that the landlord shall intimate the tenant as prior notice subject to mentioned the agreement clause.

B. In the absence of any clause with respect to selling part that the landlord can exercise his right by giving 2 month prior notice under the termination of tenancy subject to clause mentioned in the agreement.

C. If the agreement is silent, you have to wait till the completion of term of lease. However, in latest SC judgement, in case if the tenant willing to use the rented premises for his personal use he will be eligible to vacate the tenant by giving sufficient period notice and recovered the same.
B.T. Ravi
Advocate, Bangalore
763 Answers
39 Consultations

5.0 on 5.0

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