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CAN A NON- TITLE HOLDER RENT A PROPERTY WITHOUT OWNER PERMISSION?
02-Dec-2023 (In Civil Law)
Hello dear lawyers,
In my ongoing civil suit in the Hon'ble district courts Haryana, my opponent has submitted a rent agreement of my plot as an evidence. This rent agreement is bogus because we are in the posession of property.from the beginning and the property is in my name from the beginning.
He submitted a rent agreement of 1 year which is not notarized, not registered. A simple rent agreement on stamp paper. My
Questions are:-
Q1. Is it legal in India to rent out someone else property even he is not the title holder and without the permission of the owner of the plot?
Q2. Is this rent agreement valid in court if it is not notarized, nor registered and no witness is called as a tenant in court?
Pls tell me any provision or citation if anyone knows regarding-" Non-title holder cannot rent/lease the property"
Firstly only title holder or his agents can rent the property and sign the rent agreement.
Secondly, the rent agreement is not at all valid and can not be treated as valid document.
Also, this is an absolute case of forgery, extortion and harassment which is punishable under criminal law.
Please feel free to reach out to us for any further assistance.
Secondly, the rent agreement is not at all valid and can not be treated as valid document.
Also, this is an absolute case of forgery, extortion and harassment which is punishable under criminal law.
Please feel free to reach out to us for any further assistance.
Helpful?
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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Is notarised sale agreement valid?
Notary agreements are legally binding documents that must be signed in front of a notary. A notary agreement can be used in many countries to transfer ownership of property or document other legal transactions. 03-Oct-2023
Is a notarized document admissible in court in India?
Notary commissions are certificates that certify the authenticity of a signature. The attestation by the notary is not binding. Notarized documents that were not signed by the signer are not legal. Notarized documents can be accepted by a court. 27-Apr-2023
What makes a notarized document invalid?
You, the notary, are the only one who can make any corrections on the certificate. Illegible/Expired Seal of Notary : A document that is otherwise acceptable may be rejected if the stamp impressions are unreadable. This can happen if they are too dark or too light, incomplete, dirty, smudged or any other way.
What is the validity of a notarized agreement?
The notarized agreement is valid for as long as it shows the correct date. The nature of the document in question is also important. The document is valid for the same time period if it specifies a validity of one year.
1: No, it is completely illegal in india or abroad to rent out someone else's property without having a valid title of the property and also without the valid permission of the actual owner. 2: No, the rent agreement is not valid if not notarized / registered properly.
You can find plenty of judgments from Supreme Court as well as different High Courts.
You can find plenty of judgments from Supreme Court as well as different High Courts.
Helpful?
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Adv. Sujeet Notwal
Delhi | 200+ Answers
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