Legal Question in Landlord & Tenant Law in India

My grandmother is the owner of xyz building where many tenants reside. The above building also contains 1flat and godown which had been given on rent to Mr.Singh and he was using this for the past 20 years. For the last 10 years the above property had been locked up and we were not accepting rent because we had wanted to take the property for ourselves. After all these years, now one of our current tenants Mr. Jha, residing in the same building has negotiated with Mr.Singh without informing the landlords, meaning us...and paid an amount of 6 lakhs and more for the above property to be used by him and accordingly mr.singh has allotted a surrender letter and keys to the same. Is this illegal? Without the landlord's permission/approval can Mr.Singh give the property to be used to Mr. Jha??? Also after negotiation, Mr Jha is willing to pay a menial transfer amount charge to my grandmother, however the amount is not acceptable by us. Now Mr.Jha is forcing himself on the property and threatening to use the above property without paying any transfer charge. In such a case, what are the steps that my grandmother being the landlord can take and what are the general rules and policies relating to the same.


Asked on 3/30/14, 6:12 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.03.2014

Dear Sir / Madam,

Tenancy rights can be transferred to a third party only with the explicit approval and consent of the landlord / landlady. Normally, a minimum one third of the tenancy rights surrender consideration amount has to be paid to the landlord / landlady for effecting the transfer of the tenancy. So in your case, Mr. Singh has to pay minimum Rs. 2.00 lakhs to your grandmother towards the transfer fees. Without payment of the transfer fee, the surrender of tenancy rights by Mr. Singh to Mr. Jha is in itself null and void. If Mr Jha has forcibly taken possession, your grandmother simply needs to lodge a Police complain on Mr. Jha for "illegal trespassing" and simultaneously move eviction proceedings in the Court against Mr. Singh for unauthorized illegal surrender of tenancy and violation of tenancy rights.

Regards,

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Answered on 3/30/14, 6:26 am


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