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What are the rights of a tenant living in a property for over 50 years
10-Apr-2023 (In Landlord/Tenant Law)
The said property is situated in central delhi located in one of the punjabi refugee colony. There are two floors, ground and first. The ground floor is lying vacant since around 10 years. First floor is rented since more than 50 years but lately(around 10 years) no rent is being paid. The landlord doesnt demand any rent either. The house is in shambles and landlord doesnt seem to have an interest and hasnt even visited the site in a very long time. The person on whose name the house was registered is no more and now only their third generation is alive. Ground floor and first floor have different house no. The value of total property is 5CR+. Can we claim ownership of the said house ? What compensation can we demand in case the owner decides to sell the house ad evict us ?
There are two types of tenancy agreements in India, Lease Agreements which are covered by rent control laws and Lease and License Agreement which are not.
A Lease (or Rental) Agreement is covered by restrictive rent control laws. The amount of rent that can be charged is based on a formula devised by the local executive, legislative or judicial government, as the case maybe. For Delhi, the maximum annual rent is 10% of the cost of construction and the market price of the land, but the cost of construction and the price of land are both based on historical values and not the current market valuation. So the older your property, the smaller the rent you can charge. Rents can only be increased by a fraction of the actual cost the landlord has incurred in improving the property.
The Lease Agreement transfers the right of ownership to the tenant for an indefinite period of time, which can be problematic because it encourages the tenant to claim the right to permanent occupation. In numerous cases, tenants have refused to relocate. When brought to court, these cases can take 10 to 20 years to resolve.
Most landlords prefer a Lease and License Agreement. This agreement only grants the tenant a license to occupy the property for a period of 11 months, with an option for periodic renewal. Because the rent control laws (which are largely in favor of tenants) only apply for lease agreements of at least 12 months, establishing an 11-month agreement serves as a pre-emptive measure.
To avoid complications, since landlord prefer these agreements, we will only discuss Leave and License agreements for the rest of the article.
A Lease (or Rental) Agreement is covered by restrictive rent control laws. The amount of rent that can be charged is based on a formula devised by the local executive, legislative or judicial government, as the case maybe. For Delhi, the maximum annual rent is 10% of the cost of construction and the market price of the land, but the cost of construction and the price of land are both based on historical values and not the current market valuation. So the older your property, the smaller the rent you can charge. Rents can only be increased by a fraction of the actual cost the landlord has incurred in improving the property.
The Lease Agreement transfers the right of ownership to the tenant for an indefinite period of time, which can be problematic because it encourages the tenant to claim the right to permanent occupation. In numerous cases, tenants have refused to relocate. When brought to court, these cases can take 10 to 20 years to resolve.
Most landlords prefer a Lease and License Agreement. This agreement only grants the tenant a license to occupy the property for a period of 11 months, with an option for periodic renewal. Because the rent control laws (which are largely in favor of tenants) only apply for lease agreements of at least 12 months, establishing an 11-month agreement serves as a pre-emptive measure.
To avoid complications, since landlord prefer these agreements, we will only discuss Leave and License agreements for the rest of the article.
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Adv. Sandeep Kadian
Jhajjar | 25+ Answers
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A remedy under the law of adverse possession is available only in specified circumstances and is available strictly as per law in force. A definite opinion can be rendered only after having access to all facts/documents and circumstances of the case. For more details, kindly contact me.
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Adv. Mayank Khera
Ghaziabad | 25+ Answers
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Even if the original owner has died you don't become the owner of property.
Once a tenant always a tenant is the normal norm.
However you can deposit rent in court by filing a simple petition in Rent Controller Court. This should clear your intentions as a tenant.
You can further file case against the owners (new) to restore the property for basic needs such as water,shed and electricity.
You should never default in payment of the rent.
Once a tenant always a tenant is the normal norm.
However you can deposit rent in court by filing a simple petition in Rent Controller Court. This should clear your intentions as a tenant.
You can further file case against the owners (new) to restore the property for basic needs such as water,shed and electricity.
You should never default in payment of the rent.
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46+
46+
Adv. Varun Hans
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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