Legal Question in Landlord & Tenant Law in India

Transfer of property

I am the tenant for a residential building from last 15 years for a monthly rent of rs 800/-.Landlord has offerred to sell his house property to thr 3rd party.I the tenant herein wants to purchase the property for a valid consideration.But the landlord is refusing to sell the property to the tenant. He wants to sell it to the 3rd party.Is the landlord bound to offer the tenant for a valid consideration to sell his property as the tenant is his exesiting tenant by giving him 1st preferance or is he at liberty to sell it to 3rd party for any consideration as he likes.Can the tenant file a suit in the court of law to prevent the vlandlord from selling the property to 3rd party if the existing tenant is willing to purchase the property for a valid consideration.If so under what provision.Please advise


Asked on 9/29/05, 12:39 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Transfer of property

Dear:

Pre-emptive right for the tenant to purchase the property from landlord would depend upon the state in which the property is located.

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Answered on 9/29/05, 1:53 pm
Ankur Mittal MITAL & MITAL Advocates

Re: Transfer of property

Dear Gentleman,

Since you mentioned that you are paying only Rs. 800/- as monthly rent, your tenancy is covered under the provisions of the Rent Control Legislation. You have not mentioned the relevant state where you are residing [rent control legislations are state made laws].

As regard to your query if you can compell the landlord to sell the property to you only, knidly note that in India, the law recognise no pre-emptive rights in hte property for a tenant, therefore, it would not be possible for you to compell your lanlord to compulsorily offer to sell his tenanted premises to you in priority over someone else.

However, your rights as a tenant are protected even if the proeprty is sold to a third party.

in case you want to pursue for detailed opinion on the issue, you can contact our office at the firm's address.

Regards

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Answered on 9/29/05, 2:27 am


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