Legal Question in Landlord & Tenant Law in India

Hii.

We have an ancestral property. The property was leased by my Grandfather dating back around 1940's. The lease was expired in 1975. Now a case was filed in 2001 by the Hier of the Landlord against my father & youngest Uncle. My father has 11 Brothers & Sisters including him.

I just want to know in case of out of court settlement is it possible to buy the portion of the plot which my father is entitled to from the actual Hier. As the land is under dispute is it possible that we buy a portion of the plot & we are free to develop or sell the land to any third party & the remaining plot is still under litigation.

Please advice on the same.


Asked on 8/20/13, 10:50 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.08.2013

Dear Sir / Madam,

Yes. An out of Court settlement is always advisable and preferable. If the legal heir of the landlord is keen to sell the property, you should "throw the bait" and give your best offer of purchase of the property to the heir of the landlord with the understanding that instead of selling it to an unknown outsider, he / she can sell it to the tenant on outright purchase basis. Since the lease tenure is already over, you have nothing to lose in making this offer.

Regards,

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Answered on 8/21/13, 2:00 am


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