• Selling leased property

A land was taken on lease for 15 years and erected some constructions in the land with the permission of landlord for doing some business. The rent was being paid to the landlord monthly. The lease agreement was not registered. Now the tenant came to know that the landloard slod the property to a third person without the knowledge of the tenant. The rent for the leased land is still remitting to the account of the old landlord.  Now the tenant wants to do some additional work with the permission of the new landlord and he is not permitting the tenant to do the work. In this situation what legal action may be taken against the new landlord and old landlord
Asked 1 month ago in Property Law from Kollam, Kerala
Religion: Hindu
1) since tenant has not been informed of sale of land to third party by landlord tenant is not at fault with rent is being remitted to old landlord . 

2) tenant has to be informed in writing by old landlord regarding sale of land . fresh agreement ought to be entered into with new landlord . 

3) consent of landlord is necessary to carry out additional construction . 

4) if landlord refuses lessee cannot carry on any construction . there must be specifi clause to that effect in lease deeed
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
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1. The tenant should issue a legal notice to the new owner to ask him to accept the rent through cheque or RTGS/NEFT, and if the buyer does not accept it then tenant can deposit the rent in the court.

2. Since the landlord has refused to accord permission to the tenant for ''additional work'; the tenant may seek the permission of the court to commence the work.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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landlord is at liberty to sell his premises . sale transaction is legal 

once landlord sell his premises new landlord steps into his shoes 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. There is no legally enforceable lease agreement by and between you and your old land lord since a lease agreement for more than one year is required to be registered (to avoid such registration, land lords prefer to execute lease agreement for 11 months only).

2. Your old land lord is not duty bound to inform you or take your consent while selling his property along with your tenancy/lease right on his said premise.

3. You can not force new land lord also to agree for your additional construction if he does not agree to since he has purchased the property now.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. The earlier land lord was the title holder of the premise you are holding as per your unregistered lease deed.

2. He is not barred by law in selling his said leased property to a third party with out informing you.

3. The said sale deed is perfectly valid and he has sold his premises alongwith his tenant/leasee which is permissible as per law.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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If the tenant is continuously paying the rent to the old owner, hen he has to continue the rental payment that way and can also put up fresh erection in the site by passing an information to the previous owner and ignore the new owner's objection stating that he do not recognise the new owner since he has not entered into any agreement with him. 
Let him approach court for relief where you can present your side facts accordingly.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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In that case whether the sale transaction between the parties( old and new landlords) is correct or not?
  and whether the sale deed is null and void?, as the transaction was done concealing the fact that there is already a lease agreement exists in the property between the tenant and old landlord

The sale transaction between the landlords is legally valid but the previous landlord should have intimated you about this and also there should have been an agreement entered by him with the new landlord t this effect that to not to disturb your possession and enjoyment till the termination of lease period an to collect the future rents accordingly.
Since it has not been done by following legal procedures meant for it properly, you continue to pay the rent to yor previous landlord itself, if he refuses then you may aproach court seeking its permission to deposit in the court  on the same ground.  You do not have to bother about the new landlord or his dictates, let him approach court for his relief which you can challenge the same on the basis of merits in your side.  . 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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