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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.
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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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.
Helpful?
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Adv. Sujeet Notwal
Delhi | 400+ 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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