• Landlord sell the property we reside in for last 30 years

My father take a house on rent before 30 yrs.He has died in 2013.My mother and my wife children are living now.Rent of the house is very nominal,but now landlord sale this house to another tenant we are living nearby this house.Can we challenge this sale deed and offer to sale the house.Actually our sentimental interest are attached with this house.what we can do kindly guide.
Asked 1 year ago in Property Law from Kalka, Haryana
Religion: Hindu
1) you cannot challenge sale of the house by landlord 

2) you are mere tenant .

3) landlord is at liberty to sell the house 

Ajay Sethi
Advocate, Mumbai
29681 Answers
1615 Consultations

5.0 on 5.0

1) since you have been staying in said house for 30 years you cannot be evicted without due process of law 

2) you are a protected tenant 

3) landlord can file eviction suit on grounds that flat is  bonafide required by the landlord for occupation .

Ajay Sethi
Advocate, Mumbai
29681 Answers
1615 Consultations

5.0 on 5.0

When a leased property is sold the lessee becomes a lessee under the new owner. The sale of house does not oust your tenancy. So you have no right to challenge the sale or prospective sale, as the case may be.
Ashish Davessar
Advocate, Jaipur
20072 Answers
530 Consultations

5.0 on 5.0

My father take a house on rent before 30 yrs.He has died in 2013.My mother and my wife children are living now.Rent of the house is very nominal,but now landlord sale this house to another tenant we are living nearby this house.Can we challenge this sale deed and offer to sale the house.Actually our sentimental interest are attached with this house.what we can do kindly guide.

Your father was a tenant in this house.
Whether you have a registered agreement  or any valid rental agreement as on this date or atleast till your father's lifetime?
Whether you are in receipt of the rental receipt?
Hope there shall be some evidence for the tenancy?
Well, even if it is considered to be a oral tenancy, the legal heirs of the deceased tenant are protected by tenancy rights till five years after the death of the tenant.
The sale of the house while the tenants are habitation of the rented premise without a notice to vacate etc is invalid,hence the new owner has to accept your tenancy till such period it has been protected by the law. 
The new owner can communicate about his acquisition of the property and direct you to pay the rent to him in the future. 
You cannot be evicted without following the due process of law.
T Kalaiselvan
Advocate, Vellore
19846 Answers
192 Consultations

5.0 on 5.0

As per legal what can the next step of new landlord to evict us.

He has to follow due process of law by adhering to the procedures and law of the land in this regard.





For continue living and to stop eviction  from house what can be doing by us please advice.

File an injunction suit against the old as well as the new landlord
T Kalaiselvan
Advocate, Vellore
19846 Answers
192 Consultations

5.0 on 5.0

if land lord sold his property and owner wants to vacate his house then tenant has right to get time for eviction. if ownership of the rented property is transferred new owner cannot claim his right to eviction within 1 year from the date of sale. 
Shivendra Pratap Singh
Advocate, Lucknow
3518 Answers
53 Consultations

4.9 on 5.0

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