Legal Question in Real Estate Law in India

My grand parents were staying in a rented house in Pune since the 1930s. After they expired in 1998, the house is vacant. However we have been paying monthly rent regularly to the landlord. We also have receipts for the same. There are no other supporting documents available. The house is visited by our family 2-3 times a year. The landlords family is neither interested in redeveloping the property nor in carrying out any maintenance work.

Myself alongwith my family stay in Mumbai

As my family is currently going through a financial crisis,request your advise on thefollowing

1. Do we have a right to rent out the house

2. Do we have any rights for selling off the house.


Asked on 8/01/13, 4:40 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.08.2013

Dear Sir / Madam,

1. If sub-tenancy is permitted by the Owner (landlord), and other tenants around you have actually sub-tenanted their premises, you too are entitled to lease the house to another individual / family, vide a short term (11 months) Agreement for Leave & License (ALL).

2. You do not have the right to sell the house without the explicit permission and consent of the Owner (landlord).

Regards,

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Answered on 8/01/13, 5:46 am


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