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Can rent agreement be used to prove ownership of property
17-Jul-2023 (In Property Law)
I sued my tenant for not vacating my property, the tenant for the previous owner of the property but he sold it to me with executing GPA, sale deed, will (registered) and rent agreement(notarized).In trial court the registered documents were put on record but were not exhibited, the rent agreement was exhibited though.The case was supposed to be fought on the basis of Rent Agreement. But my case was dismissed on the fact that i had to prove the ownership (which Rent agreement proves but this fact was ignored by trial court). Now the case is in appeal stage ,what can be done??
You can file an application for leading additional evidence stating out the circumstances under which u failed to prove these documents in trial court or was it mistake of the lawyer who wasn't diligent enough to take proper care and you shouldn't suffer for it..court may grant permission n you may prove the same for your ownership...rent agreement will show the possession but it can never transfer the title
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Adv. Ashutosh Dubey
Delhi | 100+ Answers
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Rent Agreements are a valid evidence for proving ownership of property. However, the proof of ownership cannot be solely proved through a Rent Agreement. The factual premises have to be looked into, whereby it should be apparent and evident who has been staying and utilizing the property in question. However, in absence of any other document, a rent agreement is the strongest evidence to prove ownership.
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Now you should take a ground in Appellate Court that Lower Court did not take into consideration all those necessary documents, which they should have taken, therefore order of the Court is perverse and need to be set aside.
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Adv. Akash Vajpai
Delhi | 100+ 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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