Vacate shop from tenant
9 months ago
I bought shop from gandhi in that shop Tennant is present for last 40 yrs and me and tenant now want settlement can i give money via cheque to tenant for vacate shop is this legal in Maharashtra
A.Dear Client,
When a person occupies a shop that is under his possession for more than 40 years, the title/ownership of the shop is automatically devolved upon the tenant on the ground of adverse possession for long 40 years. The Transfer of Property Act, 1882, governs adverse possession. According to the law of adverse possession, if a person continues to be in possession of a property for 12 years, he is granted ownership rights to the property. In simple terms, if a tenant continues to occupy a unit for 12 years without any interruption from the owner, he gets owner status for the property. Being the above proposition of governing law, when you are interested to buy that shop from a tenant who by virtue of adverse possession got the status of the owner, let him obtain the title of the shop through an order of a Court on the ground of adverse possession so that you can buy a property from an owner through a registered deed of sale instead of any other agreement having no legal sanctity on the date of execution. In the given situation it also cannot be ruled out that after getting the money from the buyer the tenant filed a suit in the Court praying for ownership of the property on the ground of adverse possession and file a case against you under the law of Tort. Further, it may be possible that the tenant has already obtained the title of the shop and hiding the fact he agreed to sell the same through an unregistered document to grab the money and later he may refuse to register the same in favour of you on either pretext. So, without checking the background of the title of the property and all these relevant factors, a buyer should not go ahead for the deal. You may consult with an Advocate for further guidance and steps.
When a person occupies a shop that is under his possession for more than 40 years, the title/ownership of the shop is automatically devolved upon the tenant on the ground of adverse possession for long 40 years. The Transfer of Property Act, 1882, governs adverse possession. According to the law of adverse possession, if a person continues to be in possession of a property for 12 years, he is granted ownership rights to the property. In simple terms, if a tenant continues to occupy a unit for 12 years without any interruption from the owner, he gets owner status for the property. Being the above proposition of governing law, when you are interested to buy that shop from a tenant who by virtue of adverse possession got the status of the owner, let him obtain the title of the shop through an order of a Court on the ground of adverse possession so that you can buy a property from an owner through a registered deed of sale instead of any other agreement having no legal sanctity on the date of execution. In the given situation it also cannot be ruled out that after getting the money from the buyer the tenant filed a suit in the Court praying for ownership of the property on the ground of adverse possession and file a case against you under the law of Tort. Further, it may be possible that the tenant has already obtained the title of the shop and hiding the fact he agreed to sell the same through an unregistered document to grab the money and later he may refuse to register the same in favour of you on either pretext. So, without checking the background of the title of the property and all these relevant factors, a buyer should not go ahead for the deal. You may consult with an Advocate for further guidance and steps.
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A.Dear client,
Any payment that both parties have agreed upon may be chosen, but make sure that everything is recorded and in writing. With witnesses, come to an agreement between you and the tenant. For assistance in drafting one, speak with a local advocate. He will also have better knowledge about the laws in Maharashtra
Any payment that both parties have agreed upon may be chosen, but make sure that everything is recorded and in writing. With witnesses, come to an agreement between you and the tenant. For assistance in drafting one, speak with a local advocate. He will also have better knowledge about the laws in Maharashtra
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A.Hi client,
You can choose any payment agreed by both the parties but make sure to have everything documented and in writing. Make an agreement between you and the tenant, along with witnesses. Contact a advocate to draft the same for you.
Thanks and Regards
You can choose any payment agreed by both the parties but make sure to have everything documented and in writing. Make an agreement between you and the tenant, along with witnesses. Contact a advocate to draft the same for you.
Thanks and Regards
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A.Dear Sir,
Please approach any lawyer nearest to you who is well acquainted with Maharashtra tenancy laws. In general it is legal to give cheque in settlement to the tenant and get the property.
Please approach any lawyer nearest to you who is well acquainted with Maharashtra tenancy laws. In general it is legal to give cheque in settlement to the tenant and get the property.
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